Criminal Appeal Final

IN THE HON'BLE HIGH COURT OF
(CRIMINAL APPELLATE JURISDICTION)

Criminal Appeal No. Of 2023
IN THE MATTER OF:
1. SRI MALAY BOSE

2. SMT. KEYA BOSE
......... Appellant
Versus
STATE
......... Respondent
CRIMINAL APPEAL AGAINST THE ORDER DATED: 02.02.2023 AND PASSED BY

SMT. ANINDITA BHATTACHARYA, ADDITIONAL DISTRICT AND SESSION
JUDGE, HOWRAH, CONVICTING THE APPEALANT U/S. 302 OF INDIAN PENAL
CODE AND SENTENCING TO UNDERGO RIGOROUS IMPRISONMEBT FOR A
PERIOD OF 10 YEARS.
TO,
THE HON'BLE CHIEF JUSTICE & OTHER COMPANION JUDGES OF THE HIGH
COURT OF JUDICATURE FOR AT
MAY IT PLEASE YOUR LORDSHIPS,
The humble appellant above named respectfully submits as under:

1. The Appellant is approaching this Hon’ble Court with the prayer that this
Hon’ble Court may be pleased to call for the entire record and proceedings in
respect of the Judgment and Order of Conviction and Sentence, dated
02/02/2023 passed by the learned Ad-hoc Additional Sessions Judge,

in Sessions Case No. of and after perusal of the same be
pleased to quash and set aside the said impugned Judgment and Order of
Conviction and Sentence and set the Appellant at liberty. By the said
Judgment and Order of Conviction and Sentence dated the
learned Judge was pleased to convict the present Appellant along with 14
other accused for having committed offences U/s. 302, 307, 328, 351, 358,
379, 416, 503, 34 of Indian Penal Code and for each offence punishable u/s.
302, 358, 379, 416 and 503 the accused appellant was sentenced to suffer
imprisonment for a period of 10 years and to pay fine of Rs. /- i.d. to
undergo further RI for one month and offence punishable u/s. 149 the
accused appellant was sentenced to suffer imprisonment for a period of one
year and to pay fine of Rs. 500/- i.d. to undergo further RI for one month
and for offence punishable u/s. 302, 149 the accused appellant was
sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- i.d.
to undergo further RI for one year.
2. Facts of the case MAY BE incorporated here.
3. Being aggrieved and dissatisfied by the said impugned Judgment and Order
of Conviction and Sentence passed by the learned Second Ad-hoc Additional
Sessions Judge at Thane, dated 01/01/0001, passed in Sessions Case No.
00 of 0000, the Appellant approach this Hon’ble Court with the prayer that
this Hon’ble Court may be pleased to quash and set aside the impugned
Judgment and Order of Conviction and Sentence on following amongst other
grounds which are taken without prejudice to one another. Hereto annexed
and marked as “EXHIBIT - A” is copy of the said Judgment and Order
ofConviction and Sentence dated 01/01/0001 passed by the learned Second
Ad-hoc Additional Sessions Judge at Thane, in Sessions Case No.00 of 0000.

4. THAT the humble appellant was tried by Ld. Additional Session Judge,
Howrah, for the offence u/s. 302 of Indian Penal Code and on conviction,
sentenced to undergo the Rigorous Imprisonment for a period of 10 years;
by a judgement dated: 02.02.2023.
5. THAT the above named appellants are preferring the present appeal against
final judgement of conviction and sentence dated: 02.02.2023, passed by the
Court of said Ld.. Additional Session Judge, Howrah, in the case no.
thereby Ld. Additional Session Judge held the appellants guilty and
sentenced imprisonment for a period of 10 years.
6. THAT the brief facts leading to filing of the instant appeal as under:
a. THAT Bikram and Malay were best friends since their childhood.
b. THAT Bikram Sen, aged about 29 years, was carpenter by profession

and also the Contractor of wooden products and Malay Bose, aged
about 28 years, does business regarding the agricultural products
and practices agriculture in his family’s agricultural land.
c. THAT Malay married Keya Manna, a girl aged about 23 years is a

resident of the neighbouring village named Domjur.
d. THAT Bikram also likes Keya and Bikram would seduce Keya. One
afternoon when she was carrying lunch for Malay to the fields,
suddenly Bikram appeared from the bushes and held her hand and
untied the string of her blouse. She was shocked and scared by
Bikram’s move and managed to free herself and run away.
e. THAT since that day Bikram kept visiting Malay’s home frequently in
pretext of spending time with his friend and kept making indecent
gestures towards Keya. Keya being frustrated and unable to tolerate it
any longer, she informed the series of incidents to Malay. Malay was
shocked and showed full trust in Keya. He advised Keya that as three
months had passed by for the incident, so it was ideal to forget it and
asked her to maintain distance from Bikram.
f. THAT On 15.04.2022, in the evening Bikram and Malay got together

in the field for a drink as Bikram invited Malay to join him for that
purpose. As usual Malay after finishing his work at the field went to
have a drink with Bikram. Just after a single drink Bikram provoked
Malay by stating that Keya was extremely beautiful lady and Malay
was indeed fortunate to have her as his wife. Bikram also asserted
that had Keya got married to him, she would have borne a child by
now. Further Bikram asserted that he liked Keya very much and
saying this he attacked Malay with a broken bottle of alcohol.
Thereafter to protect himself Malay forcefully took away the broken
bottle from Bikram’s hand. At that time Bikram took out a scalpel
from his pocket and Malay immediately applied the broken bottle of
alcohol on Bikram. After that Malay took away the scalpel from
Bikram’s hand and killed him with it. In this case Malay didn’t kill
Bikram intentionally. He killed Bikram only to protect hi own body.
7. THAT The Learned Additional Session Judge after recording the evidence
did not accept the innocence plea of the accused and has convicted and
sentenced the appellant to undergo Rigorous Imprisonment for 10 years.
8. THAT Being aggrieved by the said order and judgment of the Learned Metropolitan
Magistrate, the Appellant, respectfully, approaches this Honourable Court to call for
the records and set aside the said order of conviction and sentences on the following
other grounds:
a. THAT the Learned Additional Session Judge, Howrah, erred in not

taking into account the basic principle of presumption of innocence in
a criminal case.
b. THAT the Learned Additional Session Judge, Howrah, approach to

the entire case was that the defence of the accused was false and,
therefore, the prosecution case should be accepted. The Learned
Additional Session Judge should have on the contrary held that the
prosecution has not proved the case beyond reasonable doubt
irrespective of the defence set up by the Appellants (Accused).
c. THAT the Learned Additional Session Judge, should have held that
the defence of the Appellants was reasonably probable and, therefore,
the prosecution has not led any evidence to show that the defence of
the Appellants could not be accepted.
d.
Prayer
In view thereof it is most humbly prayed that this Hon’ble court may be pleased to
1. Admit the appeal and call for record for the perusal and of hearing the
Counsel for appellant.
2. Set-a-side the conviction and sentence passed against the appellant and he
be acquitted.
3. To pass any other order which this Hon’ble court deem fit and proper in the
circumstances and in the interest of justice.
It is further prayed that pending final disposal of present appeal, this Hon’ble court
please the appellants on bail and suspend the sentence passed against the
appellants.
For which act of kindness the humble appellant shall ever remain thankful to this
Hon’ble court.
VERIFICATION
Verified at on this day of 2023, that the contents of
paras 1 to ... of the appeal is true to my knowledge derived from the records of the
appellants maintained in the ordinary course of its business, those of paras ……...
to ……….. are true on information received and believed to be true and last para is
the humble prayer to the Hon’ble Court.
_____________________________
Deponent
AFFIDAVIT
I, , son of , aged about

years, residing at , Howrah: 711312, do
hereby solemnly affirm and declare as under:
1. That I am the authorized representative of the Appellants in the above Case

and I am well conversant with the facts and circumstances of the case and
application to depose the present affidavit.
2. That I have read and understood the contents of the accompanying the
appeal and I state that the same are true and correct to my knowledge and
the no part of it is false and nothing has been concealed there from.
_________________________
DEPONENT

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IN THE HON'BLE HIGH COURT OF

(CRIMINAL APPELLATE JURISDICTION)

IN THE MATTER OF:

1. SRI MALAY BOSE

CRIMINAL APPEAL AGAINST THE ORDER DATED: 02.02.2023 AND PASSED BY

MAY IT PLEASE YOUR LORDSHIPS,

The humble appellant above named respectfully submits as under:

respect of the Judgment and Order of Conviction and Sentence, dated

02/02/2023 passed by the learned Ad-hoc Additional Sessions Judge,

Judgment and Order of Conviction and Sentence dated the

imprisonment for a period of 10 years and to pay fine of Rs. /- i.d. to

accused appellant was sentenced to suffer imprisonment for a period of one

to undergo further RI for one year.

2. Facts of the case MAY BE incorporated here.

of Conviction and Sentence passed by the learned Second Ad-hoc Additional

Sessions Judge at Thane, dated 01/01/0001, passed in Sessions Case No.

Judgment and Order of Conviction and Sentence on following amongst other

and marked as “EXHIBIT - A” is copy of the said Judgment and Order

ofConviction and Sentence dated 01/01/0001 passed by the learned Second

Ad-hoc Additional Sessions Judge at Thane, in Sessions Case No.00 of 0000.

b. THAT Bikram Sen, aged about 29 years, was carpenter by profession

c. THAT Malay married Keya Manna, a girl aged about 23 years is a

f. THAT On 15.04.2022, in the evening Bikram and Malay got together

a. THAT the Learned Additional Session Judge, Howrah, erred in not

b. THAT the Learned Additional Session Judge, Howrah, approach to

I, , son of , aged about

1. That I am the authorized representative of the Appellants in the above Case

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