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SUGATO MAJUMDAR
Ujjal Rajbanshi @ Ujjwal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sugato Majumdar, J.
1. The instant criminal appeal is preferred against the Judgment dated 27/04/2012 and Order of sentence dated 30/04/2012 passed by the Additional District and Sessions Judge, FTC 1, Ranaghat, Nadia, whereby the accused persons were convicted under Sections 395 and 412 of the Indian Penal Code.
2. The genesis of the prosecution case is the written complaint dated 18/01/2007 made by the de-facto complainant, Netai Mondal, a resident of Nrishinghapur Madhya Colony, Santipur Police Station. In the written complaint he stated that on 17/18.01.2007 at about 02:15 a.m. four persons entered into his home, woken up his son, Gopal Mondal from sleep and then entered into the room of the de-facto complainant with his son at gun-point. They snatched away Rs.40,000/-, 6 bhories of gold in the form of one necklace, one bangle, ear ring, ring of gold plated conch and mobile handset and then fled away. The matter was informed to the police authority by his brother Sunil Mondal and within a short period police reached the spot. The village people chased the culprits but they fled away. After sometimes the de-facto complaint heard sound of bomb explosion. Out of the four p
The absence of a Test Identification Parade, along with inadequacies in prosecution evidence, poses a reasonable doubt on the conviction under Section 395 IPC.
(1) Legal representatives of deceased appellant have right to seek acquittal and continue appeal against conviction of deceased appellant so as to remove stigma of conviction of their deceased family....
The judgment emphasizes the importance of reliable evidence, doubts exaggerated testimony, and highlights the significance of recovery evidence and incriminating circumstances in establishing guilt.
The prosecution must prove guilt beyond reasonable doubt in dacoity cases, and minor discrepancies in witness testimonies do not invalidate the conviction if the overall evidence is credible.
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