PRASANTA BARDHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 15th March, 1999, by which the appellants, Prasanta Bardhan, Ashok bardhan and their father. Pranabesh Bardhan were convicted under section 498a/306 read with section 34 of the Indian Penal Code by the learned additional Sessions Judge, 14th Court, Alipore, 24-Parganas, in Sessions trial No. 5 (3) of 1996, and an order dated 16th March, 1999, by which the appellant No. 3, Pranabesh Bardhan. was sentenced to rigorous imprisonment for five years as also to pay a fine of Rs. 2. 000/-, in default to suffer further imprisonment for a term of six months for the offence punishable under section 306 read with section 34 of the Indian Penal Code. The convicts, prasanta Bardhan and Ashok Bardhan, were sentenced to rigorous imprisonment for eight years each as also to pay fine of Rs. 2,000/- each, in default, to suffer imprisonment for a further period of six months each for the offence punishable under section 306 read with section 34 of the Indian penal Code. All the convicts were sentenced to suffer rigorous imprisonment for a year for the offence punishable under section 498a of the IPC. They were also sentenced to pay fine of Rs. 1000/- each, in default, to suffer imprisonment for a further period of three months each. All the sentences were directed to run concurrently.

(2.) THE convicts came up in appeal. The appellant Nos. 2 and 3, Ashok bardhan and Pranabesh Bardhan, were enlarged on bail by an order dated 11th May, 1999. The prayer for bail made by the appellant No. 1, Prasanta bardhan, was, however, rejected.

(3.) MR. P. S. Bhattacharyya, the learned Counsel, appearing in support of the appeal, drew our attention to a certificate dated 12th February, 2005, issued by the Superintendent, Alipore Central Correctional Home, stating that the appellant No. 1, Prasanta Bardhan, has already served out his sentence and paid the amount of fine. Mr. Bhattacharyya has also produced a death certificate, showing that the appellant No. 3, Pranabesh Bardhan, has died during the pendency of the appeal. Xerox copies of the certificates submitted by Mr. Bhattacharyya, learned Counsel, for the appellants, be kept on the records of this case.