DILIP KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the II appellants were arraigned before the learned Additional Sessions Judge, Durgapur to answer the following charges:

(2.) On completion of the trial, all the 11 appellants were found not guilty of both the charges and acquitted thereof. They were, however, found guilty of the offence punishable under Section 302, read with Section 34 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life. The appellants seek to assail the said order of conviction and sentence in this appeal.

(3.) Appellant Ramdas Roy who was a Child within the meaning of Section 2(d) of the West Bengal Children Act, 1959 was acquitted by us and the learned Sessions Judge, Burdwan was directed to get him tried in according with the provisions of the said Act by our order dated April 19, 1988 when the appeal was taken up for hearing so the appeal now proceeds in respect of the remaining 10 appellants only.