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JOYMALYA BAGCHI, PARTHA SARATHI SEN
Shovan Saha @ Santa – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J. :
1. Appeal is directed against judgment and order dated 25.04.2018 and 26.04.2018 passed by learned Additional Sessions Judge, 4th Court, Krishnagar, Nadia in Sessions Trial No. 01(01) of 2015 arising out of Sessions Case No.24(12) of 2014 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for three months more.
2. Prosecution case as alleged against the appellant is as follows :-
Sumi Laha @ Puja (the deceased) was a 14-years old girl. She had a love affair with the appellant, a neighbour. In the evening of 13.09.2014 Sumi was alone at her residence. Her mother viz. Runu Laha (PW1) had gone to attend puja at a nearby house. Her father viz. Sujit Laha (PW9) was also outside. While Runu was at the puja, she was informed that her daughter had suffered burn injuries. She rushed to her residence. She found her daughter with burn injuries. Local people viz. Amit Kumar Dutta (PW6), Kartick Sutradhar (PW7) and Liton Pramanick (PW8) were present. They informed they had entere
Point of Law : oral dying declaration made the deceased ought to be treated with care and caution since the maker of the statement cannot be subjected to any cross-examination.
The main legal point established in the judgment is the requirement for corroboration and reliability of witness testimonies, especially in cases relying on dying declarations and child witnesses.
Point of Law : Mere use of the word “may” cannot be held to confer a discretionary power on the court to consider or not to consider such defence, since it constitutes a valuable right of an accused ....
The reliability of a dying declaration is critical for conviction; procedural lapses and contradictions can lead to acquittal when benefits of doubt favor the accused.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The duty of the prosecution to prove its case beyond doubt, the need for a complete chain of circumstances to establish guilt in a case based on circumstantial evidence, and the entitlement of the ac....
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