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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Dhananjoy @ Chamtu Machuar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The judgment of conviction dated December 22, 2015 and order of sentence dated December 23, 2015 passed by the learned First Additional District and Sessions Judge, Purulia in connection with Sessions Trial No. 32 of 2015 arising out of Sessions Case No. 221 of 2015, has been assailed in the present appeal.
2. By the impugned judgment and order the appellant was convicted for the offences punishable under Section 302/307 of the Indian Penal Code and was sentenced to undergo life imprisonment and a fine of Rs.10,000/- for the offences punishable under section 302 of the Indian Penal Code and in default of payment of fine, the appellant was to undergo simple imprisonment for further period of six months. The appellant was also sentenced with life imprisonment for the offence punishable under Section 307 of the Indian Penal Code.
3. On May 07, 2015, the wife of the victim lodged a written complaint with the police to the effect that on May 06, 2015 her husband went to his in-laws’ house. She had talks with her husband over telephone at 8.00 p.m. when her husband disclosed that he was at the house of one Budhu Singh. At about 10.00 pm in the night she
The court determined that the Appellant's actions lacked intent to kill, leading to a conviction under Section 304 Part-II instead of Section 302.
The main legal point established in the judgment is the reliance on admissible witness testimonies, recovery of the weapon, and medical evidence including blood group matching to establish the appell....
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The trustworthiness of eyewitness accounts and their corroboration with medical evidence are crucial in establishing guilt in criminal cases.
The need for circumstances to be fully established and consistent only with the hypothesis of the guilt of the accused, and the requirement for corroboration of an oral dying declaration by other ind....
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