JUBEDA CHITRAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals are by two out of the five accused persons who stood trial in Sessions Case No. 85(12)08, CIS No. 222 of 2009 in Kasba P.S. Case No. 271(08)08. They stand convicted and sentenced for committing offences found to be punishable under Sections 489B and 489C of the Indian Penal Code; for short, IPC; read with Section 34 of the IPC.

(2.) Charges were framed alleging commission of offences punishable under Sections 489B/489C and 120B of the IPC against all the accused persons. The court below found that the charge under Section 120B has not been established and in lieu of that, there are sufficient evidence, circumstantially, that the accused persons had the common intention and acted accordingly; and hence, Section 34 IPC is applicable. On such basis, they were found guilty of having committed offences punishable under Sections 489B/489C read with Section 34 of the IPC and were convicted. They were sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 8,000/- with default sentence of rigorous imprisonment for 3 months, for the offence found to be punishable under Section 489B of the IPC. They were sentenced to rigorous imprisonment for 6 years for offence found to be punishable under Section 489C of the IPC and to pay fine of Rs. 5,000/- with default sentence of rigorous imprisonment for 2 months. The sentences were ordered to run concurrently.

(3.) Heard the Learned Advocate appearing for the appellant in CRA 562 of 2018 and the Learned Advocate appearing for the appellant in CRA 592 of 2018. We have also heard the Learned Public Prosecutor and the Learned Additional Public Prosecutor.