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JOYMALYA BAGCHI, KAUSIK CHANDA
Md. Wasim – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 09.03.2004 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Calcutta in connection with Sessions Trial no. 1(4) of 2003 arising out of Sessions Case No. 22/2003 convicting the appellant for commission of offence punishable under Section 302 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only) in default to undergo simple imprisonment for three more months.
2. This is a case of matricide. In the early hours of 06.10.2002 it is alleged that the appellant had hit his mother on the head with a kitchen grinding stone resulting in instantaneous death. His wife, Safia Begum, PW-3 found the appellant standing in the bedroom of her mother-in-law with a blood stained kitchen grinding stone. Her mother-in-law was lying on the floor. Blood was oozing out from her ears. Appellant threatened her not to raise alarm. Around 6.15 hours, an unknown person made a phone call at Bowbazar Police Station stating that an assault had taken place at 33, Harinbari Lane, Kolkata - 73.
3. PW-9, Mahadeb Singha Roy, who was posted there
Voluntariness of judicial confession and establishment of mental ailment as a defense under the general exception of legal insanity.
The court established that conviction for murder under circumstantial evidence requires a complete and clear chain of evidence, supporting the inference of guilt beyond a reasonable doubt.
Merely being relatives of deceased or injured is no ground to reject testimony of witnesses who are otherwise found to be trustworthy and reliable.
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
Act of appellant would fall under exception 4 to Section 300 of Indian Penal Code as appellant did not intend to kill his wife, however, knowledge that his act of assault by lathi may likely to cause....
In a murder case, the court must consider both aggravating and mitigating circumstances before imposing a sentence. The death sentence should be imposed only in the rarest of rare cases.
The court upheld the conviction for murder based on circumstantial evidence and the appellant's post-incident conduct, despite the inadmissibility of his confession.
The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
Point of Law : Even sub-clause (4) of Section 164 Cr.P.C. clearly indicates that such confession must be recorded in the manner provided under Section 281 Cr.P.C.
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