Amit Talukdar, J. - (1.)Fast Track, Fifth Court, Malda in Sessions Trial No. 6(4)05 by its Judgment and Order dated 6.10.2005 found that the Charge in respect of the offence of Section (A) 302/34 of the Indian Penal Code and (B) 201/34 of the Indian Pepal Code has been successfully brought home against the accused: Chandana Mondal (Appellant in Criminal Appeal No. 57 of 2006), Nirmal Sarkar ( Appellant in Criminal Appeal No. 801 of 2005) and Chandu Yadav (Appellant in Criminal Appeal No. 99 of 2006) and hence convicted each of the above Appellants accordingly.
(2.)Upon recording the order of conviction, which is under Appeal, the learned Fast Tract, Fifth Court sentenced the Appellants Nirmal Sarkar (hereinafter referred to as "A2") and Chandu Yadav (hereinafter referred to as "A3") to suffer imprisonment for life and to pay a fine of Rs. 5,000/-; in default, to undergo a further period of Rigorous Imprisonment for two years in respect of the Charge of Section 302/34 of the Indian Penal Code. Both A2 and A3 were also found guilty in respect of the Charge of Section 201/34 of the Indian Penal Code and each of them were sentenced to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.3,000/- each ; in default, to suffer further Rigorous Imprisonment for one year.
(3.)The Appellant - Chandana Mondal (hereinafter referred to "A1") was sentenced to DEATH after she was found guilty in respect of the Charge of Section 302/34 of the Indian Penal Code and was also sentenced to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.2,000/-; in default, to undergo further period of one year for the Charge of Section 201/34 of the Indian Penal Code. 2. BEFORE THIS COURT :