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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Jiten Barman – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajay Kumar Gupta, J. - The instant appeal is directed against the judgment and order dated 15.06.2015 and 18.06.2015 passed by the Additional Sessions Judge, 3rd Court, Tamluk in Sessions Trial No. 3(11)/2014 arising out of Sessions Case No. 299 (June) of 2014 whereby convicting and sentencing the appellant to suffer rigorous imprisonment for 10 years along with a fine of Rs. 30,000/-, in default, to suffer simple imprisonment for six months for the offence punishable under Section 326A/34 of the Indian Penal Code.
PROSECUTION CASE:
2. Brief facts of the prosecution case is that one Smt. Pampa Barman, the mother and sister of the victims alleged that on 10.08.2013 at night after having dinner her daughter, Sastika Barman and sister, Shampa Barman had been sleeping in the father's house. At about 2 a.m. at night her sister and daughter started shouting loudly. After awakening parents of the complainant immediately switched on the electric light and noticed the face, breast of her sister and the belly, hand and leg of her daughter were burnt extensively with blisters. It was suffocating in the whole room by the essence of carbolic acid. Immediately her sister and daughter were
In a case resting on circumstantial evidence, the circumstances must be fully established and consistent only with the hypothesis of the guilt of the accused. Suspicion, howsoever high, cannot take t....
The main legal point established in the judgment is the reliance on testimonies, medical evidence, and the appellant's history of harassment to establish guilt and determine the appropriate sentence.
The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
Prosecution must prove guilt beyond reasonable doubt; circumstantial evidence can support claims in absence of direct identification.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
Credible eyewitness testimony, corroborative medical evidence, and material witnesses are crucial in establishing guilt in criminal cases.
The burden of proof on the accused, the requirement for the prosecution to prove its case beyond reasonable doubt, and the use of chain of circumstances to establish the offence beyond reasonable dou....
The prosecution must prove guilt beyond reasonable doubt, particularly in circumstantial evidence cases where motive and identity are crucial for conviction.
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