RANJIT MONDAL AND SAJAL BARUI AND Vs. STATE

JUDGEMENT

(1.) These five appeals, (1) Criminal Appeal No. 13 of 1996 (Ranjit Mondal and Sajal Barui alias Papa v. State), (2) Criminal Appeal No. 35 of 1996 (Alok Saha alias Toto v. State), (3) Criminal Appeal No. 45 of 1996 (Debashish Dey v. State), (4) Criminal Appeal No. 60 of 1996 (Subhrasil Ray alias Raja v. State) and (5) Criminal Appeal No. 61 of 1996 (Samar Saha alias Buro v. State), have been preferred against the same judgment dated January 10, 1996, passed by the learned Additional Sessions Judge, 3rd Court, Barasat in Sessions Trial No. 4(9) of 1994. In the impugned judgment the learned Judge convicted the appellant Sajal Barui alias Papa u/Ss. 302/34, I.P.C., 201, I.P.C. and u/S. 120-B, I.P.C. and sentenced him to death by hanging and to pay fine of Rs. 2,000/- i.d., to suffer R.I. for one year on his conviction u/S. 302/34, I.P.C., and sentenced him to R.I. for 5 years and to pay fine of Rs. 1,000/- i.d. to R.I. for six months on his conviction u/S. 201, I.P.C. No separate sentence was, however, awarded for his conviction u/S. 120-B, I.P.C. The learned Judge also convicted appellant Ranjit Mondal u/Ss. 302/34 and 380, I.P.C. and sentenced him to death by hanging and to pay fine of Rs. 2,000/- i.d. to suffer R.I. for one year more on his conviction u/S. 302/34, I.P.C. and sentenced him to R.I. for three years and fine of Rs. 1,000/- i.d. to R.I. for six months on his conviction u/S. 380, I.P.C. The learned Judge has also submitted a reference to this Hon'ble Court for confirmation of the sentence of death of Sajal Barui and Ranjit Mondal which has been registered as Death Reference No. 2 of 1996 and is being heard along with the aforesaid five appeals. Both the convicts Ranjit Mondal and Sajal Barui are appellants before this Court in Criminal Appeal No. 13 of 1996.

(2.) The learned Judge also convicted Alok Saha alias Toto (appellant in Cri. Appeal No. 35 of 1996) u/Ss. 302/109, 411 and 120-B, I.P.C. and sentenced him to suffer R.I. for life and fine of Rs. 1,000/- i.d. to R.I. for one year on his conviction U/S. 302/109, I.P.C. and also sentenced him to R.I. for two years and fine of Rs. 1,000/- i.d. to R.I. for one year on his conviction u/S. 411, I.P.C. No separate sentence was, however, awarded on his conviction u/S. 120B, I.P.C.

(3.) Debashish Dey (Appellant in Cri. Appeal No. 45 of 1996) is also convicted u/S. 302/34, I.P.C. and sentenced to imprisonment for life and fine of Rs. 2000/- i.d. to suffer R.I. for one year.