Shankar Jaiswara VS. State Of West Bengal

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Shankar Jaiswara VS. State Of West Bengal

CASE NO.: Appeal (crl.) 721 of 2007

PETITIONER: Shankar Jaiswara

RESPONDENT: State of West Bengal

DATE OF JUDGMENT: 14/05/2007

BENCH: S.H. Kapadia & B. Sudershan Reddy

JUDGMENT: J U D G M E N T (Arising out of SLP(crl.) No. 4518 of 2006)

B.SUDERSHAN REDDY,J.

Leave granted.

2. This appeal by special leave is directed against the judgment of the Calcutta High Court confirming the conviction of the appellant under Section 302 IPC and the sentence of imprisonment for life and a fine of Rs. 5,000/-, in default of payment of fine to further undergo six months rigorous imprisonment. The appellant was charged with the offence punishable under Section 302 IPC of committing the murder of Tarak Jaiswara the younger brother of the informant (PW-1).

3. The prosecution story, briefly stated, is that on 14.1.1997 at about 11 or 11.30 p.m. Bhola Jaiswara (PW-1) heard a row from outside his bedroom. He heard the appellant Shankar Jaiswara was shouting and hurling abuse and in the process started knocking at the door of the house of Mohan Jaiswara (PW-3). Apprehending trouble, Bhola Jaiswara (PW-1) came out and requested the appellant to leave the place. The appellant became agitated and started moving towards the mai...

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