Supreme Court of India · 2012-07-02
Bishnupada Sarkar & Anr vs State Of West Bengal
- Citation / case number
- AIR 2012 SUPREME COURT 2248
- Court
- Supreme Court of India
- Petitioner
- Bishnupada Sarkar & Anr
- Respondent
- State Of West Bengal
- Author
- T.S. Thakur
- Bench
- Gyan Sudha Misra, T.S. Thakur
Judgment text excerpt
The Supreme Court upheld the conviction of the appellants under Section 304 Part I read with Section 34 IPC for culpable homicide not amounting to murder, affirming the High Court's decision. The Court found that the deceased's death resulted from injuries inflicted by Madhav Sarkar, instigated by Bishnu Sarkar, during an altercation over public nuisance. The appeal focused on the quantum of sentence, with the Court considering the age and health of Bishnu Sarkar but ultimately maintaining the ten-year rigorous imprisonment sentence imposed by the Trial Court.