ANUP SHAW BIBHASADITYA CHAKRABORTY vs STATE OF WEST BENGAL — CRA/347/2009

Disposed: --DISMISSED on 05th May 2026.

Case disposed

CNR: WBCHCA0235482009

Filing Number

CRA/23548/2009

Filing Date

15-May-2009

Registration No

CRA/347/2009

Registration Date

15-May-2009

Judge

Hon'ble Justice Ananya Bandyopadhyay

Coram

Hon'ble Justice Ananya Bandyopadhyay

Bench Type

Single Bench

Category

GROUP C (CRIMINAL MATTERS) ( 3 )

Sub-Category

Convition: Sentence/imprisonment/imprisonment & fine/probation/admonition ( 23 )

Judicial Branch

CRIMINAL SECTION

Decision Date

05-May-2026

Nature of Disposal

--DISMISSED

Last updated 03-Jun-2026

Petitioner(s)

  1. 1.ANUP SHAW BIBHASADITYA CHAKRABORTY

Respondent(s)

  1. 1.STATE OF WEST BENGAL

Case History

  1. Case disposedDisposed

  2. 05-May-2026

    Hon'ble Justice Ananya BandyopadhyayView PDF

    Case Summary: CRA 347/2009 - Anup Shaw v. State of West Bengal Decision The High Court at Calcutta dismissed the criminal appeal and affirmed the conviction and sentence, with modification based on time already served. Facts On 30.04.2007, two groups clashed at a playground near Race Course in Kolkata. One group was playing cricket and another came to play football. A dispute arose over stones placed to mark the cricket boundary. When the football players attempted to remove these stones, the cricket players assaulted them with cricket bats, stumps, stones, and brick bats. One person (Md. Abir alias Md. Imran) died from head injuries, while others sustained injuries. Convictions - Anup Shaw & Sudhir Shaw: Convicted under Section 304 Part II/34 IPC (culpable homicide not amounting to murder) - 6 years RI + ₹3,000 fine each - Bikash Paswan & Md. Anwar: Convicted under Section 324/34 IPC (voluntarily causing hurt by dangerous weapons) - 3 years RI + ₹2,000 fine each Key Findings 1. Collective assault: Multiple eye-witnesses consistently testified that appellants jointly attacked the deceased and injured witnesses 2. Medical evidence: Post-mortem revealed parietal and occipital suture fracture with bilateral subdural hemorrhage—fatal head injuries 3. Common intention: The coordinated, simultaneous participation by all accused established common intention under Section 34 IPC 4. No premeditation: The incident arose spontaneously from a playground quarrel, supporting Section 304 Part II rather than murder charges 5. Knowledge of consequences: Using cricket bats, stumps, and stones on the head made the accused aware that death was likely, even if unintended Legal Principles Applied - Distinction between "intention" (conscious objective) and "knowledge" (awareness of probable consequences) - In sudden fights without premeditation, if death results from assault with dangerous weapons on vital parts, culpability falls under Section 304 Part II - Common intention develops suddenly during occurrence through conduct and participation - Test Identification Parade corroborated witness identifications Outcome Appeals dismissed. Convictions upheld with sentences modified to reflect incarceration already undergone by appellants. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 05-May-2026

    For Judgment

    Hon'ble Justice Ananya Bandyopadhyay

  4. 04-May-2026

    Hon'ble Justice Ananya BandyopadhyayView PDF

  5. 04-May-2026

    For Judgment

    Hon'ble Justice Ananya Bandyopadhyay

  6. 30-Apr-2026

    Hon'ble Justice Ananya BandyopadhyayView PDF

  7. 14-Jan-2026

    Hon'ble Justice Ananya BandyopadhyayView PDF

  8. 20-Nov-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  9. 19-Nov-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  10. 18-Nov-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  11. 17-Nov-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  12. 14-Nov-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  13. 13-Nov-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  14. 10-Jun-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  15. 26-Mar-2025

    Part Heard Matters

    Hon'ble Justice Ananya Bandyopadhyay

  16. 22-Jul-2024

    Criminal Appeal Hearing

    Hon'ble Justice Ananya Bandyopadhyay

  17. 21-May-2024

    Criminal Appeal Hearing

    Hon'ble Justice Ananya Bandyopadhyay

  18. 13-Mar-2024

    Hon'ble Justice Ananya BandyopadhyayView PDF

  19. 13-Mar-2024

    Personal Appearance

    Hon'ble Justice Ananya Bandyopadhyay

  20. 19-Feb-2024

    Hon'ble Justice Ananya BandyopadhyayView PDF

  21. 19-Feb-2024

    Personal Appearance

    Hon'ble Justice Ananya Bandyopadhyay

  22. 15-Dec-2023

    Hon'ble Justice Ananya BandyopadhyayView PDF

  23. 15-Dec-2023

    To Be Mentioned

    Hon'ble Justice Ananya Bandyopadhyay

  24. 16-Oct-2023

    Criminal Appeal Hearing

    Hon'ble Justice Ananya Bandyopadhyay

  25. 13-Oct-2023

    Hon'ble Justice Ananya BandyopadhyayView PDF

  26. 13-Oct-2023

    Criminal Appeal Hearing

    Hon'ble Justice Ananya Bandyopadhyay

  27. 07-Aug-2023

    To Be Mentioned

    Hon'ble Justice Ananya Bandyopadhyay

  28. 27-Jul-2023

    Criminal Appeal Hearing

    Hon'ble Justice Ananya Bandyopadhyay

  29. 28-Jun-2023

    To Be Mentioned

    Hon'ble Justice Ananya Bandyopadhyay

  30. 26-Jun-2023

    To Be Mentioned

    Hon'ble Justice Ananya Bandyopadhyay

  31. 26-Apr-2023

    Hon'ble Justice Ananya BandyopadhyayView PDF

  32. 25-Apr-2023

    Criminal Appeal Hearing Old

    Hon'ble Justice Ananya Bandyopadhyay

  33. 02-Mar-2023

    Hon'ble Justice Ananya BandyopadhyayView PDF

  34. 02-Mar-2023

    First hearing

    Initial hearing scheduled

  35. 15-May-2009

    Case filed

    Registration No. CRA/347/2009

casestatus.in Summary

Case Summary: CRA 347/2009 - Anup Shaw v. State of West Bengal Decision The High Court at Calcutta dismissed the criminal appeal and affirmed the conviction and sentence, with modification based on time already served. Facts On 30.04.2007, two groups clashed at a playground near Race Course in Kolkata. One group was playing cricket and another came to play football. A dispute arose over stones placed to mark the cricket boundary. When the football players attempted to remove these stones, the cricket players assaulted them with cricket bats, stumps, stones, and brick bats. One person (Md. Abir alias Md. Imran) died from head injuries, while others sustained injuries. Convictions - Anup Shaw & Sudhir Shaw: Convicted under Section 304 Part II/34 IPC (culpable homicide not amounting to murder) - 6 years RI + ₹3,000 fine each - Bikash Paswan & Md. Anwar: Convicted under Section 324/34 IPC (voluntarily causing hurt by dangerous weapons) - 3 years RI + ₹2,000 fine each Key Findings 1. Collective assault: Multiple eye-witnesses consistently testified that appellants jointly attacked the deceased and injured witnesses 2. Medical evidence: Post-mortem revealed parietal and occipital suture fracture with bilateral subdural hemorrhage—fatal head injuries 3. Common intention: The coordinated, simultaneous participation by all accused established common intention under Section 34 IPC 4. No premeditation: The incident arose spontaneously from a playground quarrel, supporting Section 304 Part II rather than murder charges 5. Knowledge of consequences: Using cricket bats, stumps, and stones on the head made the accused aware that death was likely, even if unintended Legal Principles Applied - Distinction between "intention" (conscious objective) and "knowledge" (awareness of probable consequences) - In sudden fights without premeditation, if death results from assault with dangerous weapons on vital parts, culpability falls under Section 304 Part II - Common intention develops suddenly during occurrence through conduct and participation - Test Identification Parade corroborated witness identifications Outcome Appeals dismissed. Convictions upheld with sentences modified to reflect incarceration already undergone by appellants. This case analysis is maintained by casestatus.in based on publicly available court records.

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