Nima Lama & Anr vs Unknown
2022 Latest Caselaw 1575 Cal

     9
28.3.2022
    sb
ct. no. 35

                                    CRA 511 of 2009


             In the matter of : Nima Lama & Anr.
                                                                .....Appellants


                Mr.   Himangshu De
                Mr.   Navanil De
                Mr.   Rajeshwar Chakraborty
                Mr.   Subhrajit Dey         ....for the Appellants

                Mr. Binay Panda
                Mr. Pravas Bhattacharya           ...for the State


                   The appeal is listed today for hearing.

                   Learned    advocates     for   the   appellants   and   learned

             advocates for the respondent/State are present before the court.

The appeal has been preferred under Section 374(2) of the

Code of Criminal Procedure against a judgment of conviction

and sentence under Section 304 Part-II/34 of the Indian Penal

Code passed by the learned Additional Sessions Judge, Fast

Track, 1st Court, Siliguri in Sessions case no. 6 FTC/2003

(sessions trial no. 2/2006).

On 7.8.2009, a rule was issued upon the appellants

calling upon them to show cause as to whether order of sentence

of imprisonment imposed upon them for their conviction under

Section 304 Part-II/34 of the Indian Penal Code passed by the

learned Additional Sessions Judge, Fast Track, 1st Court,

Siliguri, Derjeeling in connection with sessions trial no. 2 of

2006 should not be enhanced and no other further order/orders

be passed as this Hon'ble Court may deem fit and proper.

The rule was made returnable within four weeks from date

and that rule and appeal would be heard out together.

Heard the learned advocates for the appellants and

learned advocates for the State at length and in full.

Considered.

Judgment is reserved.

(Ananda Kumar Mukherjee, J.)