Minati Halder vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 43

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Minati Halder – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
Souvik Mitter, Advocate, Amrita Maji, Advocate, Rajnandini Das, Advocate, Milon Mukherjee, Advocate, Biswajit Manna, Advocate, Somnath Ghoshal, Advocate, Anupama Chakraborty, Advocate, Sahid Uddin, Advocate, Anasuya Sinha, Advocate, Avishek Sinha, Advocate, Jonaki Saha, Advocate

JUDGMENT

Debangsu Basak, J. - Seven appeals have been heard analogously as they emanated out of the same police case.

2. Police had registered a First Information Report on January 20, 2019 on the basis of a written complaint of PW 1 of the same date. In his written complaint, PW 1 had alleged that on January 20, 2019 at around 7 AM his father and four other villagers had gone to Kalna to spray insecticide. At around 9 AM when such persons were returning home, at Baruipara, a few persons had detained them out of suspicion. Those persons had requested many others of the locality to come armed with sharp weapons, Iron rod and chopper. On being instigated, they had assaulted his father and the co-villagers. On being assaulted, his father had sustained severe injuries. Thinking that his father had succumbed, the miscreants had left the place of occurrence. When PW 1 had learnt about the assault, he took his father to the Kalna Hospital where he received preliminary treatment. Thereafter, his father was referred to the Burdwan Hospital where he had succumbed to his injuries. PW 1 had come to learn from the local people that his father had been murdered by a sharp weapon and that the compa