DIPAK KUMAR MONDAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-2023-6-80
HIGH COURT OF CALCUTTA
Decided on June 28,2023

DIPAK KUMAR MONDAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

ABDUL BASIT VS. ABDUL KADIR CHOUDHARY [REFERRED TO]


JUDGEMENT

BIBEK CHAUDHURI, J. - (1.)This is an application for appropriate order/modification of the Judgment and order dtd. 9/6/2022 passed by this Court in CRA 722 of 2019 filed by the applicant herein.
(2.)The appellants were convicted and sentenced to rigorous imprisonment of 7 years with fine of Rs.5,000.00 each under Sec. 326/34 and Sec. 307/34 of the Indian Penal Code by an order dtd. 29/11/2019 passed by the Learned Additional Sessions Judge, Raghunathpur, Purulia. Being aggrieved by the above order, the appellants filed the instant appeal and this Court by an order dtd. 9/6/2022 set aside the order of the Learned trial Court under Sec. 326/34 and Sec. 307/34 of the IPC and convicted them under Sec. 324/34 of the IPC with a fine of Rs.10,000.00 each, in default to suffer imprisonment for six months each.
(3.)Learned advocate for the applicant states that the above sentence was passed considering the prayer made on behalf of the applicant that the applicant is a teacher by profession and if sentenced to imprisonment, he will be jobless. Thereafter the applicant duly deposited the fine amount before the Learned Court below. The applicant approached the school authorities of Dhakia Anchalik Vidyaniketan at Ranjitpur for joining his service. However, upon production of documents, the school authorities rejected the prayer of the applicant for joining his service. Being aggrieved, the applicant filed the instant application praying direction upon the school authorities to allow the applicant to join and continue his service.


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