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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Nandadulal Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. Both these appeals are directed against the judgment of conviction dated 11.02.2020 and order of sentence dated 12.02.2020 passed by learned Sessions Judge, Pashcim Medinipur, in Sessions Trial No. 9 of April 2017 convicting the appellants under section 302/341/34 of the Indian Penal Code. The two appeals are taken up together as they emanate from one and the same judgment and order.
2. One Shymal Ghosh, a resident of Korongapote within Anandapur police station lodged a written complaint on September 03, 2012 alleging, inter alia, that his father Purna Chandra Ghosh was returning from the fields in the afternoon at about 04.30 p.m. At that time, the de facto complainant could see that his third paternal uncle Anand Mohon Ghosh, his wife Parbati Ghosh, their daughter Smapti Ghosh, second paternal uncle of the de facto complainant Nanda Dulal Ghosh and his wife Pushparani Ghosh grabbed his father at a little distance from his house with a plan to kill him. The de facto complainant rushed there and saw that all the aforesaid persons were inflicting torture upon his father in different ways. Uncle of de facto complainant Ananda Mohan Ghosh and his dau
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
The right to private defense was exceeded; intent to kill established through the brutal nature of the attack, making the appellant liable for murder under Section 302 IPC.
In cases where a single blow is inflicted with a blunt object, without an intention to cause death, the offense may be scaled down from murder under Section 302 IPC to culpable homicide not amounting....
Direct eyewitness testimony can establish guilt in murder cases, supported by physical evidence, where minor discrepancies do not diminish credibility.
The main legal point established in the judgment is the reliance on consistent testimony of interested witnesses, corroboration of eyewitness accounts by medical evidence, and evaluation of the accus....
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
The main legal point established in the judgment is that the appellants had a common intention to murder the victim, and their actions did not fall within the exception for culpable homicide not amou....
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