AMIYA KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Perused the report dated 21st October, 2009 submitted by the trial court which records that appellant Chiranjib Kumar Das was aged about 17 years on the date of the incident. In view of the said report I hold that the said appellant was a juvenile at the time of commission of the offence.

(2.) These appeals arising out of a common judgment and order of conviction and sentence dated 20.04.2009 passed by the learned Additional Sessions Judge, Fast Track Court (1st Court), Kandi are taken up for hearing analogously and are being disposed of by this common judgment and order.

(3.) The prosecution case as alleged against the appellants is to the effect that on 11th July, 1996 at around 10 p.m. the appellants came in front of the house of P.W. 1, Amar Nath Sinha and started abusing his brother, Tapan in filthy language. Hearing this, Tapan came out of the house. Thereupon appellant Nirmal Pranamik and Chiranjib Kumar Das assaulted him with knife. Appellant Amiya Kumar Das was standing with others near the place of occurrence and exhorted the accused persons to kill the victim. Thereafter the appellants fled away and the victim was taken to hospital.