GAUTAM DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Nine persons in all including the appellants stood before the learned Sessions Judge, Birbhum to face trial in connection with Sessions Trial No 1 of September, 1995 corresponding to Sessions Case No. 53 of 1994 on the basis of Bolpur P. S. Case No. 208 dated 6th October, 1992 initiated by de-facto complainant Pulak Chakraborty.

(2.) After conclusion of trial, the learned Sessions Judge convicted Gautam Das, Joy alias Joydeb Das, Madhab Mitra, Nabakumar Hazra. Bapi Hazra and Ajay Badyakar under Sections 148, 302/149 of the IPC and also under Sections 304/34 of the IPC and all of them were sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- each in default to rigorous imprisonment for six months under Section 148 of the IPC and they were also sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2,000/- each in default to suffer rigorous Imprisonment for one year more under Section 302/149 of the IPC.

(3.) Challenging the order of conviction and sentence, Gautam Das preferred C. R A. No. 203 of 1996, Joy Das and others preferred C. R. A. 204 of 1996 while Madhab Mitra and another preferred C. R. A. 205 of 1996. As all the appeals arose out of the same judgment and order, they were taken together for disposal by a common judgment and order.