Back
HARISH TANDON, PRASENJIT BISWAS
In the Matter of: Sandip Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PRASENJIT BISWAS, J.
1. The captioned appeals, by lifers, are directed against the self-same judgment and order dated 12.08.2009 passed by the Additional Sessions Judge, Fast Track Court No. 5, Barasat, North 24 Parganas in connection with Sessions Trial No. 01(07)/2007 arising out of Sessions Case No. 05(03)/2007.
2. In the Trial Court the appellants Saheb Das and Sandip Ghosh were convicted under Sections 302/201 read with Section 34 of the Indian Penal Code, 1860 (hereinafter ‘the IPC’) for having committed murder of one Anindya Rudra (hereafter referred to as ‘the victim’) and the appellant Sukumar Karmakar was convicted under Sections 302/201 read with Section 34 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for life besides imposing a fine of Rs. 10,000/- under Section 302/34 IPC and in default of payment of fine they are to suffer rigorous imprisonment for one year each. The appellants Saheb Das and Sandip Ghosh were also sentenced to suffer rigorous imprisonment for seven years and with fine of Rs. 5,000/- in default, to suffer the imprisonment for a term of six months for the offence punishable under section 201/34 IPC. Hence, these
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
In a case where conviction is based on circumstantial evidence, motive assumes great significance.
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
