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Nemai Mondal vs The State Of West Bengal on 25 September, 2019

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25.09.2019
Item No. 21

Ct. No.01
AD Saswata
CRAN 1900 of 2019
In
CRA 569 of 2017

Nemai Mondal

-vs-

The State of West Bengal

Mr. Usof Ali Dewan
Mr. Asif Dewan
… for the appellant

Mr. Saibal Bapuli, Ld. APP
Mr. Bibaswan Bhattacharya
.. for the State

We have heard the learned counsel for the appellant and

the learned Government advocate in this application for

seeking suspension of sentence pending an appeal against the

conviction and sentence handed down for offence found to

have been punishable under Sections 302 and Section34 of the IPC.

The final report was laid by the police alleging

commission of offence punishable under Sections 498A and

Section304B of the IPC against the appellant and his brother. The

Court framed charges under Sections 302 and Section34 of the IPC.

The matter went to trial. There are seven prosecution

witnesses. Of them, PW-1 is the brother of the victim. It is he,

who lodged the complaint. Though this is a case of

circumstantial evidence, the Court below has taken into

consideration the fact that the accused had no explanation

whatsoever to offer, in relation to the death of his wife and

having regard to the proximity of the place from where the

body of the victim was recovered, which was near to the

matrimonial home. It is not even suggested in cross-

examination that PW-1 had any sustainable axe to grind

against the appellant who was the husband of the victim. The
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second accused, namely, the brother of the appellant, was

acquitted. Examining the quality of the finding rendered by

the Court of Session in the backdrop of the evidence on record

and due application of law as referred to by the learned

Sessions Judge, we do not see that this is a case where the

sentence imposed on the accused/appellant could be

suspended at this point of time.

This application being CRAN 1900 of 2019 is accordingly

dismissed.

(Thottathil B. Radhakrishnan, CJ.)

(Manojit Mandal, J.)

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