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C. R. DASH, PARTHA SARATHI SEN
Bankim @ Banku Pramanik – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Partha Sarathi Sen, J. - The instant Appeal arises out of the judgment and order dated 18.12.2009 and 19.12.2009 as passed by the Learned Additional Sessions Judge 1st Court, Purulia in Session Trial no. 21/2008 arising out of Sessions Case No. 169/2008. By the impugned judgment learned trial court found the charge sheeted accused persons guilty under Sections 302/34of the Indian Penal Code and, thus, sentenced them to suffer rigorous imprisonment for life each and also to pay a fine of Rs. 5000/-each i.d. to suffer further rigorous imprisonment for two years each.
2. The convicts felt aggrieved and, thus, preferred the instant appeal.
3. For effective disposal of the instant appeal the facts leading to initiation of Sessions Trial No. 21/2008 is required to be dealt in a nutshell.
4. One Dukhan Pramanik, son of Kalicharan Pramanik of Village Mukundapur under P.S.- Joypur, District- Purulia lodged a written complaint on 07.08.2008 with the IC Joypur P.S. stating, inter alia, that on the said day at about 9 AM when his sister Hemu Pramanik was returning to her home after taking bath in a local pond, she was abused in filthy languages by one of his neighbours namely; Bankim Pram
Convictions based on inconsistent and inadequately scrutinized witness testimony cannot sustain; prosecution failed to prove guilt beyond reasonable doubt.
Omissions in the statements of prosecution witnesses to the investigating officer, which are significant and relevant to the case, can amount to material contradictions that affect the credibility of....
The main legal point established in the judgment is the importance of reliable eyewitness testimonies and the need for consistency with medical evidence in criminal cases.
Murder – A reasoned judgment of conviction and order of sentence must receive seal of confirmation.
The court established that the prosecution proved its case beyond reasonable doubt, reinforcing the role of consistent eyewitness testimony and the significance of corroborative evidence in affirming....
The court upheld the conviction of the appellant for murder based on reliable eyewitness testimony and medical evidence linking the accused to the crime.
Vague testimonies lacking specific details cannot sustain a conviction under Section 498A IPC for cruelty.
The prosecution must prove guilt beyond a reasonable doubt; inconsistencies in witness statements undermined the conviction, leading to its reversal.
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