Arabinda Barman vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1491

SUBHENDU SAMANTA
Arabinda Barman – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Sourav Ganguly, Adv., Ms. Deblina Ray, Adv., Ms. Rishita Chakraborty, Adv., Mr. Gopal Roy, Adv., Mr. Abhisekh Sarkar Adv
For the State : Mr. Aditi Sankar Chakraborty, Adv., Mr. Abhijit Sarkar Adv.

Table of Content
1. overview of the case and conviction details. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments against the conviction based on evidentiary issues. (Para 7 , 8 , 9 , 10)
3. court's analysis of the confessional statement's validity. (Para 11 , 12 , 13 , 14 , 16 , 17 , 19 , 20 , 21 , 22)
4. evidentiary standards under the indian evidence act. (Para 15)
5. order of acquittal issued, reversing previous conviction. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29)

JUDGMENT :

(Subhendu Samanta, J.)

1. The instant criminal revision has been preferred against the judgment and order dated April 28, 2021 passed by the Learned Additional Sessions Judge, Alipurduar in connection with criminal appeal No. 9 of 2011 thereby affirming the judgment and order dated 16th August 2011 passed by the Learned Magistrate 3rd Court Alipurduar thereby convicted the present petitioner and sentenced him to suffer simple imprisonment for a term of 06 months for the offence punishable u/s 26(i) (e) (f) of Indian FOREST ACT 1927 and to pay a fine of Rs 500/- in default to suffer further simple imprisonment for a term of 30 days in connection with Cr(Forest) Case No. 293 of 2009 corresponding TR No. 1104 of 2009.

2. T