BUDDHADEV GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment and orders dated 3rd July, 1996 and 4th July, 1996 passed by the learned Additional Sessions Judge, 1st Court, Murshidabad in Sessions Trial Case No. 5 of June 1995 arising out of Sessions Serial Case No. 161 of 1991 convicting the accused Sufal, Buddha and Fatik of the offence punishable under section 304 Part-1 read with Section 34 of the Indian Penal Code and punishing them differently. In so far as the accused Sufal is concerned, he was sentenced to rigorous imprisonment for 10 years as also to pay fine of Rs. 5,000/-; in default of payment to suffer further simple imprisonment for a period of six months. The convicts Buddha and Fatik were sentenced to rigorous imprisonment for 5 years each as also to pay fine of Rs. 3,000/- each; in default of payment to undergo further simple imprisonment for three months each.

(2.) THE facts and circumstances of the case appearing from analysis of the evidence are as follows :-

(3.) PW -5 Krishnadhan Ghosh, a neighbour of the deceased deposed that immediately after the incident he reached the place of occurrence and upon enquiry from the victim, he came to know about overt acts of the aforesaid three accused persons.