Haidar Ali & Anr vs State Of West Bengal
2022 Latest Caselaw 346 Cal

07.02.2022 Item No.36 suman Ct.42 (Via Video Conference)

CRA 535 of 2016

Haidar Ali & Anr.

Vs.

State of West Bengal

Mr. Sayan De Mr. Sayan Kanjilal Mr. Kaustav Shome ...for the appellant

The instant appeal arises against the judgment and order

of conviction and sentence passed in Sessions Case No. 170 of

2012 corresponding to Sessions Trial No.03(06)/12 passed by

the learned Additional Sessions Judge, Fast Track Court, Cooch

Behar on 1st July, 2016.

Trial was conducted against three persons. Out of them

accused Hazrat Ali was convicted and sentenced to suffer

rigorous imprisonment for a term of nine years for offence

under Section 307 of the Indian Penal Code with fine and

default clause. He was also sentenced to suffer rigorous

imprisonment for a term of six months for offence under Section

323 of the Indian Penal Code. Both the terms were directed to

be run consecutively. Two other accused persons namely

Lovely Khatoon and Haidar Ali were sentenced to suffer rigorous

imprisonment for a term of five years for the offence punishable

under Section 307 of the Indian Penal Code with fine and

default clause and imprisonment for a term of two months for

the offence under Section 323 of the Indian Penal Code. The

said terms were also directed to be run consecutively.

The instant appeal is filed by the above named two

convicts namely Lovely Khatoon and Haidar Ali. At the time of

hearing it is submitted by Mr. De, learned advocate for the

appellants that the convict Hazrat Ali also preferred an appeal

against the judgment and order of conviction and sentence

being CRA 506 of 2018 before the Division Bench having

determination of this Court.

It is needless to say that against the judgment and order

of conviction and sentence in one trial two appeals, one in the

Division Bench and another before this Court are pending. In

order to avoid conflicting decision, the instant appeal ought to

be heard before the Division Bench along with CRA 506 of

2018.

In view of such circumstances, the record of the instant

appeal be placed before the Hon'ble the Chief Justice for

assignment to the Division Bench having determination where

CRA 506 of 2018 is pending. The learned advocates for the

appellants be informed accordingly.

(Bibek Chaudhuri, J.)