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Judgments of Supreme Court of India and High Courts

Harendra Chandra Parui & Anr vs Unknown on 4 January, 2018

1

04.01.2018

Sl.59
Ct-35 C.R.A. No.538 of 2017
(AD) With
CRAN 5009 of 2017

In the matter of: Harendra Chandra Parui Anr.

…Petitioners.

Mr. Kalyan Kumar Bhattacharjee, Adv.
Ms. Aasia Khatoon. Adv.

… for the Petitioners.

Mr. Saswata Gopal Mukherjee. Ld. P.P.
Ms. Anasuya Sinha. Adv.

… for the State.

This CRAN application being CRAN No.5009 of 2017

has been filed for bail in connection with appeal under

Section 389 of the Code of Criminal Procedure on the ground

that the petitioners being parents in law had no role to play in

the alleged offence and learned Trial Court has erroneously

convicted both the petitioners.

Learned Advocate appearing on behalf of the appellants

contends that the appellants have been erroneously convicted

by learned Trial Judge and in fact, the evidences are against

the husband only.

Learned Advocate for the State Ms. Sinha submits that

all the evidences are leading to the irresistible conclusion that

the petitioners including the husband had committed such

offence and in fact, learned Trial Judge has made a distinction

at the time of awarding sentence which is contrary to the law.

It is further submitted that the evidences recorded are

sufficient to hold that the present petitioners are also guilty

for the offence and learned Trial Judge has rightly convicted

the petitioners for the offence under Section 304B/34 as well
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as for the offence under Section 498A/34 of the Indian Penal

Code.

Learned Advocate for the appellants submits that the

deceased did not name the present petitioners in the suicidal

note and accordingly there is every chance of success in the

appeal.

Having considered the submissions of learned Advocate

for the appellants and after going through the evidence on

record as well as the judgment impugned, I find that sufficient

evidence has been adduced on behalf of the prosecution and I

do not find any such material in favour of the present

petitioners.

In my considered view, the petitioners have failed to

make out a case so that there is any chance of success in the

appeal.

Accordingly, the CRAN application being CRAN No.5009

of 2017 stands rejected.

The department is directed to call for the Lower Court

Records forthwith and to prepare the paper book within four

weeks from the date of receipt of Lower Court Records.

The appeal may be listed under the heading “Hearing”

before the appropriate bench upon preparation of paper book

and issuance of usual notices to all concerned.

(Debi Prosad Dey, J.)

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