Calcutta High Court (Appellete Side)
Babulal Ghosh vs Unknown on 13 April, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 55 13.04.2017
SK Court No.26 CRAN 3577 of 2015 In CRA 416 of 2014 In re: An application for bail under Section 389 of the Code of Criminal Procedure being CRAN 3577 of 2015 filed on 01.10.2015 in connection with Sessions Trial No. V (February), 2012.
And In the matter of: Babulal Ghosh Appellant. Mr. Subir Debnath, Mr. Debajit Kundu ......For the Appellant. Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Partha Pratim Das ... For the State.
In a sessions trial, this appellant and another were placed on trial to answer a charge under Sections 326/307/34 IPC. Finally, the trial ended in conviction of this appellant and another under Sections 307/34 IPC and under Sections 326/34 IPC and they were sentenced to suffer imprisonment for life and RI for 10 years respectively and to pay fine with default clause.
After admission of appeal with the liberty granted by a Co-ordinate Bench of this Court, this application for execution of sentence has been moved.
Heard the learned counsel appearing on behalf of the parties. Considered their respective submissions.
This is a case where two ladies were the victims of acid 2 attack. They are PW/2 and her mother (PW/1).
We have gone through the impugned judgement and the depositions of the witnesses.
Now, considering what transpires therefrom, we are of the opinion that this is not at all a fit case for suspension of sentence.
Accordingly, the application being CRAN No. 3577 of 2015 stands rejected.
Already, the paper book has been prepared and the appeal is made ready for hearing, let this appeal be listed before the appropriate bench.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)