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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Mithu Sarkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J.
1. Appeal is directed against judgment and order dated 19.06.2015 and 20.06.2015 passed by learned Additional Sessions Judge, 3rd Court (Special), Jalpaiguri in Sessions Case No.219 of 2008 convicting the appellant for commission of offence punishable under Sections 302/379/201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/-, in default, to suffer rigorous imprisonment for one month more for the offence punishable under Section 302 IPC, to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/-, in default, to suffer rigorous imprisonment for one month more for the offence punishable under Section 379 IPC and to suffer rigorous imprisonment for one year and to pay a fine of Rs.1000/-, in default, to suffer rigorous imprisonment for one month more for the offence punishable under Section 201 IPC; all the sentences to run concurrently.
2. Prosecution case as alleged against the appellant is as follows :Appellant is the son-in-law of one Ganesh Mondal, who is the neighbour of the de-facto complainant viz. Gobinda Chakraborty (PW1). On 02.11.2006, appellant came to his in-la
The duty of the prosecution to prove all circumstances beyond doubt and form a complete chain pointing to the guilt of the accused.
A conviction for murder and robbery can be upheld based on credible eyewitness testimony and circumstantial evidence linking the accused to the crime.
(1) Delayed examination of a witness by itself is not a ground to reject his evidence.(2) When it is disproportionately difficult for prosecution to establish facts which are specially within knowled....
The prosecution must prove its case beyond reasonable doubt, and circumstantial evidence must unerringly point to the accused's guilt.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
The central legal point established in the judgment is the reliance on corroborated evidence and the admissibility of statements leading to the discovery of facts to establish guilt under Section 302....
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