Supreme Court of India · 2012-07-02
BISHNUPADA SARKAR vs STATE OF WEST BENGAL
- Citation / case number
- SC 2010/28722
- Court
- Supreme Court of India
- Petitioner
- BISHNUPADA SARKAR
- 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 which dismissed their appeal. The Court found that the deceased was killed due to injuries inflicted by Madhav Sarkar, instigated by Bishnu Sarkar, during an altercation over public nuisance. The sentence of ten years rigorous imprisonment and a fine of Rs. 5,000 was deemed appropriate given the circumstances of the case.