INDRAJIT BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this appeal is a judgment and order of conviction dated September 14, 2009 and sentence dated September 15, 2009 passed by the learned Additional Sessions Judge, Fast Track Court-II, Krishnagar, Nadia in Sessions Trial No. IV of July, 2008 arising out of Sessions Case No.25 of April, 2008, convicting the appellant for commission of offence punishable under Sections 419, 379 & 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for six months for commission of offence under Section 302 I.P.C. and further sentencing him to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs.2000/- in default to suffer further rigorous imprisonment for 2 (two) months for commission of offence punishable under Section 419 I.P.C. as also sentencing him to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs.2000/- in default to suffer further rigorous imprisonment for 2 (two) months for commission of offence punishable under Section 379 I.P.C. The sentences were directed to run concurrently.

(2.) According to the prosecution case, in a nutshell, one Saranath Biswas son of Ramanath Biswas of Kapali Para Road, Teghari Para, District-Nadia lodged a written complaint in the Nabadwip Police Station, District-Nadia, to the effect that on December 21, 2007 he had received an information from Swapan Basak, his brother-in-law, that at about 13.00 hours on the aforesaid date he had gone to Nadia Lodge at Nabadwip Baralghat, District-Nadia, (Hereinafter referred to as Nadia Lodge) with the elder brother of the complainant namely, Samit Biswas.

(3.) The aforesaid elder brother of the complainant went there to meet a person and they found one young man standing on the ground floor on arrival at Nadia Lodge. There was dispute in between the deceased and that young man over the exchange rate of foreign exchange. After sometime, they came back home.