Back
JOYMALYA BAGCHI, GAURANG KANTH
Sahabuddin Sheikh @ Sahabuddin Sk. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appellants have assailed the judgment and order dated 17.09.2018 and 18.09.2018 passed by the learned Additional Sessions Judge 3rd Court, Nadia, Krishnanagar in Sessions Trial No. 4 (6) 2018 arising out of Sessions Case No. 7 (3) 2011 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life for the offence punishable under Sections 302/34 IPC and to suffer rigorous imprisonment for two years and to pay a fine of Rs. 20,000/- each, in default, to suffer rigorous imprisonment for two years each.
Prosecution case:
2. Prosecution case, as alleged, against the appellants is to the effect that on 11.6.2009 at 2 p.m. a dispute cropped up over snatching money from one Gosai Sk by the appellants and others. Tota Sk, husband of Ayesa Bibi (PW-2) rushed to the spot. He resisted the miscreants. One of the miscreants Siraj Sk threw bomb. He fell down on the ground. Thereafter, the miscreants including the appellants struck him with a sharp cutting weapon. As a result he died. Police came to the spot.
3. On the next day PW-2 lodged complaint resulting in registra
The credibility of a minor witness, establishment of common intention, and proof of continuous torture under Section 498a/302/34 IPC were the central legal points established in the judgment.
The central legal point established in the judgment is the reliance on corroborated evidence and the admissibility of statements leading to the discovery of facts to establish guilt under Section 302....
The central legal point established in the judgment is the assessment of eyewitness testimony, the principle of 'falsus in uno, falsus in omnibus', and the duty of the court to separate truth from em....
The court upheld the conviction for murder based on credible eyewitness testimony corroborated by medical evidence, affirming the principle that an interested witness's testimony requires corroborati....
In a murder case, the court must consider both aggravating and mitigating circumstances before imposing a sentence. The death sentence should be imposed only in the rarest of rare cases.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimony and lack of evidence led to the acquittal of the appellants.
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....
Omissions in the statements of prosecution witnesses to the investigating officer, which are significant and relevant to the case, can amount to material contradictions that affect the credibility of....
The conviction for murder was upheld based on credible eyewitness testimony and corroborating medical evidence, establishing the appellant's guilt beyond reasonable doubt.
The main legal point established in the judgment is the reliance on consistent and corroborated eyewitness testimony, along with medical evidence, to prove the guilt of the accused and dismiss improb....
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
