SANJIB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These appeals are directed against judgment and order dated 12.07.2006 and 13.07.2006 passed by the learned Additional Sessions Judge, 3rd Court, Hooghly in Sessions Case No.19 of 2001 convicting the appellants for commission of offences punishable under Sections 302/34/201 of the Indian Penal Code and sentencing appellant Sanjib Das to suffer life imprisonment and to pay fine of Rs.2,000/-, in default, to suffer further rigorous imprisonment for six months more and appellant Kabita Pyne to suffer life imprisonment and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for three years more for the offence punishable under Sections 302/34 IPC; and sentencing both the appellants to suffer rigorous imprisonment for 3 years each and to pay fine of Rs.1,000/- each, in default, to suffer further rigorous imprisonment for 3 months more for the offence punishable under Sections 201/34 of the Indian Penal Code; both the sentences to run concurrently.

(2.) Prosecution case, as alleged, against the appellants is to the effect that on

(3.) rd September, 1996 the appellants had conjointly assaulted Tapas Pyne, husband of Kabita Pyne, (appellant in CRA 480 of 2006) and thereby murdered him. Moreover, in order to screen themselves from legal punishment, they called one Dr. Amitava Banerjee (P.W.6) to examine the deceased on the plea that he was filling unwell. 3. On the written complaint of Amita Seal, sister of the deceased (P.W.1) FIR was registered being Chinsurah Police Station Case No.291/1996 dated 03.09.1996 under Sections 302/201/34 of the Indian Penal Code for investigation against Kabita Pyne and her children Mriganko (since deceased) and Ipsita Pyne.