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august 2010

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.

DEBASHIS DAW vs STATE OF WEST BENGAL · Niyam