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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Tarak Nath Jana – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Md. Shabbar Rashidi, J.—Two appeals were filed by the same convict against the same judgment and order of sentence by learned trial court. By our order dated February 28, 2024, the appeal CRA 186 of 2014 being second in point of time was directed to be treated as an appeal by the appellant in CRA 614 of 2013. We propose to dispose of both the appeals as one.
2. The appeal is directed against the judgment of conviction dated March 22, 2013 and order of sentence dated March 25, 2013 passed by learned 4th Additional Sessions Judge, Fast Track Court, Paschim Medinipur in Sessions Trial No. XXXIV/May-2012.
3. The case of the prosecution in a nutshell is that the de facto complainant lodged a written complaint with the Kharagpur Police Station on January 17, 2012. It was stated by the de facto complainant that he gave his daughter in marriage with the accused/convict about 2 ½ years ago. At the time of such marriage, the de facto complainant gave a cash of Rs. 2 lakh, 10 bhoris of gold ornaments and furniture. It was further stated that after such marriage, the daughter of de facto complainant came to her father’s house only once when she was carrying for 9 months. She was not all
Cruelty and murder – Husband is bound to explain unnatural death of his wife at her matrimonial home under suspicious circumstances.
The court emphasized the importance of circumstantial evidence, the burden of proof on the accused, and the admissibility of statements of the deceased under Section 32 of the Evidence Act.
Judgment of conviction and order of sentence which is suffering from material irregularity based on erroneous appreciation of evidence, cannot be sustained.
The central legal point established in the judgment is the requirement for a clear and consistent evidentiary basis to establish guilt in criminal cases, emphasizing the need for conclusive evidence ....
The prosecution bore the burden to prove guilt beyond reasonable doubt, which it failed to meet, leading to the appellants' conviction being set aside.
Point of law : Fundamental principle of criminal jurisprudence is that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must b....
The court established that in cases of dowry death, the prosecution must demonstrate a proximate link between the cruelty related to dowry demands and the death of the victim, allowing for a presumpt....
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