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JOYMALYA BAGCHI, BIBHAS RANJAN DE
Lakshi Ram Hembram @ Laxmiram Hembram – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - appellant being aggrieved by his conviction under Sections 341/302 of the Indian Penal Code and sentence of rigorous imprisonment for life and fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for 30 days more for the offence punishable under Section 302 IPC and simple imprisonment for one month for the offence punishable under Section 341 IPC has appealed before this court.
2. The prosecution case as alleged against the appellant is to the effect that on 19th January, 2012 around 11:00 a.M., there was an altercation between the appellant and one Manik Hembram (PW 1) over drawing water for irrigation through a pump. Quarrel ensued between them. Thereafter, PW 1 left for his residence. Subsequently, on the fateful day i.e., 21st January, 2021 at 2:00 P.M. the appellant again threatened PW 1. In the evening around 05:45 P.M. while the deceased namely, Gangaram Hembram, father of PW 1 was going on a bicycle to Sangrampur market, appellant dragged him down from his bicycle near Kasundipara adibasi aleka Gaota club. Thereafter, the appellant and others mercilessly beat Gangaram with a hasuli. He expired at the spot. FIR was lodged by PW1 resul
The central legal point established in the judgment is the assessment of eyewitness testimony, the principle of 'falsus in uno, falsus in omnibus', and the duty of the court to separate truth from em....
The central legal point established in the judgment is the reliance on corroborated evidence and the admissibility of statements leading to the discovery of facts to establish guilt under Section 302....
The credibility of a minor witness, establishment of common intention, and proof of continuous torture under Section 498a/302/34 IPC were the central legal points established in the judgment.
The main legal point established in the judgment is the reliance on consistent and corroborated eyewitness testimony, along with medical evidence, to prove the guilt of the accused and dismiss improb....
The testimony of an injured eyewitness holds high evidentiary value, and a conviction may be based on such sole testimony if found credible; minor discrepancies in medical or ocular evidence, which d....
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
The main legal point established in the judgment is that the appellants had a common intention to murder the victim, and their actions did not fall within the exception for culpable homicide not amou....
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