( Gopal Rana vs State Of West Bengal )
2021 Latest Caselaw 5972 Cal

1.12.2021 sl. 18, ct.35 sk. C.R.A. 197 of 1990 ( Gopal Rana -vs- State of West Bengal )

Mr. Saswata Gopal Mukherjee ...for the State.

The appellant Gopal Rana has preferred the instant

appeal being aggrieved by and dissatisfied with the

judgment and the order of conviction passed by the

learned Additional Sessions Judge, 1st Court, Midnapore

in S.T. No. IV of July, 1989. I find that the despite all the

endeavours made by this court, the appellant could not be

brought on record.

Mr. Saswata Gopal Mukherjee, learned Public

Prosecutor submits that this court may pass necessary

order, as the court thinks proper after going through the

records.

I have minutely read the judgment passed by the

learned Judge. It appears from the judgment that the

appellant, Gopal Rana and four other accused persons,

namely, Basanta Rana, Bhanu Rana, Manorama Rana

and Dhiramoni Rana faced the trial before the Trial Judge

of the charge under Sections 302/34, Indian Penal Code.

After assessment and appreciation of the evidence,

the learned Trial Judge acquitted the accused persons,

namely, Basanta Rana, Bhanu Rana, Manorama Rana

and Dhiramoni Rana of the charge, but convicted the

appellant, Goppal Rana for commission of the offence

punishable under Section 304(part II) of the Indian Penal

Code and he was sentenced to suffer rigorous

imprisonment for seven years.

What I perceive, the judgment rendered by the

learned Trial Judge is based on proper appreciation of the

evidence on record.

I find no illegality or irregularity in the judgment

and the order of conviction and sentence.

Therefore, the appeal is dismissed.

The judgment and the order of conviction and

sentence passed by the learned Trial Judge is hereby

confirmed.

It appears from the case records that while the

appellant preferred the appeal he was lodged in

correctional home.

If the appellant has served out the sentence, he be

released forthwith.

However, if he has not served out the sentence with

entirety the learned Trial Judge is at liberty to pass

necessary order or direction so that the remaining part of

the sentence, if any is served by him.

Let a copy of this order along with the Lower Court

records be sent down to the learned Court below.

The appeal is disposed of accordingly.

Xerox certified copy of this order, if applied for, be

given to the parties on urgent basis.

(Rabindranath Samanta, J.)