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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Mani Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. The appellant has assailed the judgment of conviction dated September 26, 2019 and the order of sentence dated September 27, 2019 passed by the learned Additional District and Sessions Judge, First Track – 1st Court, Sealdah, South 24 Parganas in Sessions Trial No. 4(6) 2019 convicting the appellant under sections 302/201 of the Indian Penal Code, 1860. By the impugned judgment of conviction and the order of sentence, the appellant had been sentenced to imprisonment for life for offence under Section 302 of the Indian Penal Code, 1860 and pay a fine of Rs. 5,000, in default to undergo rigorous imprisonment for six months. The appellant had been sentenced for three years rigorous imprisonment for the offence under section 201 of the Indian Penal Code, 1860 and to pay a fine of Rs. 1,000 and in default of payment of which, the appellant was directed to undergo rigorous imprisonment for three months more. Both the sentences had been directed to run concurrently.
2. The minor daughter of the appellant had been murdered. Initially, the appellant had lodged a complaint with regard to kidnapping of her daughter with the police on August 31, 2018. In her compl
The judgment establishes the principle that circumstantial evidence, when corroborated and supported by motive, can be sufficient to prove guilt beyond reasonable doubt.
Prosecution must prove guilt beyond reasonable doubt; lack of motive and unreliable witness testimonies undermine conviction.
The judgment emphasizes the importance of witness testimonies, fingerprint evidence, and the recovery of physical evidence in establishing guilt. It also highlights the consideration of the victim's ....
Suspicion cannot replace proof in criminal cases.
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