DEB KUMAR DAS & ORS Vs. STATE

JUDGEMENT

(1.) Six accused persons were tried in the Fast Track Court of the Ld. Addl. District & Sessions Judge, Bishnupur in connection with Sessions Trial No. 5(7)04 arising out of Sessions Case no. 6(6)02 to answer charges under Section 396/120B I.P.C. Out of them accused Tapa @ Tapu @ Khepa Bagdi was found not guilty of the charges and was acquitted. The remaining five accused persons were found guilty under Section 396 I.P.C. and the Ld. Trial Judge held that there is no need to record a separate findings for the offence under Section 120B I.P.C. The appellant/convict Naru @ Monoranjan Mathur was sentenced to suffer imprisonment for life and to pay fine of Rs.5000; convict Deb Kumar Das was sentenced to suffer rigorous imprisonment for 8 years and to pay fine of Rs.5000 with default clause; convict Golam Mustafa and Sk. Kajem Badsha were sentenced to suffer rigorous imprisonment for 6 years and to pay fine of Rs.5000 with default clause and convict Buro @ Sitanshu Bhowmick was sentenced to suffer simple imprisonment for 5 years and to pay fine of Rs.5000 with default clause.

(2.) In connection with CRA No. 559 of 2007 a Division Bench of this Court issued rule for enhancement of sentence since the State did not come forward against the inadequacy of sentence. Similarly, a Single Bench of this Court in connection with CRA No. 600 of 2007 also issued rule for enhancement against the appellant Buro @ Sitanshu Bhowmick and subsequently this Bench also issued a notice of enhancement of sentence of convict Kajem Badsha.

(3.) Before going into the question of enhancement of sentence it is incumbent upon us to decide whether the impugned judgment and order of conviction and sentence can be sustained.