Supreme Court of India · 2010-08-05
DEBASHIS DAW vs STATE OF WEST BENGAL
- Citation / case number
- SC 2005/11061
- Court
- Supreme Court of India
- Petitioner
- DEBASHIS DAW
- Respondent
- STATE OF WEST BENGAL
- Author
- B. Sudershan Reddy
- Bench
- B. SUDERSHAN REDDY,SURINDER SINGH NIJJAR, , ,
Judgment text excerpt
The Supreme Court upheld the convictions under Sections 148, 324/149, and 304 part I/149 of the Indian Penal Code, affirming the trial court's finding that the appellants formed an unlawful assembly armed with deadly weapons and caused the death of Subrata Ghosh and injuries to Kalyan Seth. The Court reiterated that the presence of the accused at the scene with weapons and their collective action constituted a clear case of rioting leading to culpable homicide. The appeals were dismissed, confirming the sentences imposed by the trial court.