TAPAN BAURI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated February 27, 2003 passed in Sessions Trial No. 3(4) of 1993 arising out of Sessions Case No. 5(1) of 1993 by the Ld. Additional Sessions Judge, 2nd Court, Bankura convicting him for the commission of offence punishable under Sec. 304(II) of the Indian Penal Code (hereinafter referred to as IPC) and was sentencing him to suffer rigorous imprisonment for 10 years and also to pay fine of Rs. 10,000/ - in default simple imprisonment for one year more with a direction to set off the period of detention during trial since his arrest from his substantial sentence while acquitting Budhan Bauri and Basudeb Bauri from the charge under Sec. 304/34 IPC as per provisions of Sec. 235(2) of the Code of Criminal Procedure (hereinafter referred as Cr.P.C).

(2.) The backdrop of the case of prosecution is discussed in a nutshell hereunder:

(3.) PW16 recorded the statement of PW10 and after recording the same read over and explained the contents of the statement to P.W.10 who then put his LTI in his presence. PW16 then sent the complaint to Bishnupur P.S. through PW12 for his starting a case and directed PW14 for taking of investigation.