RANJIT CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 20.8.2002, passed by the learned Sessions Judge, Barasat in Sessions Trial No. 1(1) 1992. The four appellants - - Ranjit Chakraborty @ Rana Asit Biswas @ Manai, Dulal Paul @ Dola Paul and Dulal Das (hereinafter referred to as 'Al', 'A2', 'A3' and 'A4' respectively) were found guilty by the learned Sessions Judge, in respect of the charge of Section 302/34 of the Indian Penal Code and were sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/ - each; in default, to suffer rigorous imprisonment for six months. The present appellants faced the Trial along with two others - - Apurba Parial @ Kochan and Tapash Singha Roy @ Bhari, who stood acquitted. However, the co -accused Babuni expired.

(2.) THE appeal has been argued in part by Mrs. Bhattacharya learned Advocate for Al and Shri Ganguly, learned Advocate for A2, A3 and A4 separately,

(3.) MRS . Bhattacharya further submitted that the appellants were put on trial along with Kochan, Bhari (both since acquitted) and Babuni, having died earlier. According to her, the evidence was common in respect of the said accused persons, who have since been acquitted and in the absence of any specific proof of common intention it would be unsafe to uphold the conviction of the present appellants on the basis of the said evidence.