LAWS(CAL)-2009-1-43

KHEDAN MAHATO Vs. STATE OF WEST BENGAL

Decided On January 28, 2009
Khedan Mahato Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal is directed against a judgement and order dated 23rd May 1991 passed by the learned Assistant Sessions Judge (Additional). Purulia in Sessions Trial No. 8 of 1991 arising out Sessions Case No. 38 of 1989 convicting the accused Khedan Mahato and the accused Puchi Ansari for the offence punishable under Section 412 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 8(eight) years as also to pay a fine of Rs.2,000/- in default to suffer further rigorous imprisonment for a period of one year.

(2.) THE facts and circumstances of the case briefly stated are as follows :

(3.) HOWEVER , as regards the charge under Section 412 of the Indian Penal Code the learned Trial Judge held, inter alia, as follows :