BIRESH PODDAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 18th September, 2006 passed by the Additional District and Sessions Judge, 6th Court, Alipore, South 24 Parganas in Sessions Trial No. 2(6) 2001 whereby the accused appellant has been held guilty and has been convicted of offences under Ss. 324 and 302 of the Indian Penal Code and sentenced inter alia to rigorous imprisonment for three years for offence under Sec. 324 and to rigorous imprisonment for life for offence under Sec. 302 of the Indian Penal Code.

(2.) The accused appellant, Biresh Poddar was the tenant in a room at Premises No. 16/5/Q, Muraripukur Road, Calcutta - 700067 owned by Late Ballav Chandra Saha, father of Shyamal Saha, the de facto complainant, which had devolved upon his wife Smt. Punyalakshmi Saha, after his death.

(3.) The said 16/5/Q Muraripukur Road, Calcutta - 700067 was a two storied building, the ground floor of which was fully tenanted and the first floor occupied by the land lady Sm. Punyalakshmi Saha and her two sons, Shyamal Saha and Biplab Saha. There was a partly built second floor in the building comprising the Puja Room of the landlady.