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SUBHENDU SAMANTA
Abdul Gani Sk. @ Abdul Gani Sk. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Subhendu Samanta, J.)
1. The instant appeal is directed against the judgment and order of conviction and sentence dated 21.03.1990 passed by the Learned sessions Court Nadia in sessions trial no. 1 (iv) 89 corresponding to Sessions Case no 7(7) 89 finding the present appellants guilty u/s 304 part II of IPC and convicting and sentencing the appellants to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs. 100 each i/d to further RI for 15 days.
2. The brief fact of the prosecution case is that one Sahel Ali Mandal (PW 1) lodged a written complaint with IC Katwali Police station, Krishnanagar, Nadia contending inter alia that present appellants along with three others on 10.05.1987 in the morning had an altercation between father of the complainant Janab Ali Mandal and at the intervention of the other villagers the matter was set at rest. The appellant/accused persons threatened that they would murdered Janab. Thereafter, at 8: 30 P.M. on that date, while the complainant and his brother Babar Ali Mandol were engaged in stacking straw in the Khamar, their father Janab Ali was proceeding though that place towards the Mosque to offer namaj, at the time th
The court affirmed the conviction for murder, emphasizing the consistency of eyewitness testimonies and the sufficiency of evidence despite minor discrepancies.
The main legal point established in the judgment is the reliance on the evidence presented by the prosecution witnesses and the medical report to establish the guilt of the accused for the offence pu....
In cases of culpable homicide not amounting to murder under Section 304 IPC, the prosecution must prove that the accused had the intention to cause death or the knowledge that the act was likely to c....
Evidentiary value of eyewitness testimony can support a conviction even if the witness is related to the victim, provided the testimony is credible and corroborated by additional evidence.
The court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 part II IPC due to insufficient evidence of intent.
The main legal point established in the judgment is the significance of consistent and believable testimonies of prosecution witnesses, along with the relevance of related witnesses' evidence in esta....
The Court ruled that provocation and lack of intent in a homicide can warrant a conviction under culpable homicide instead of murder.
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