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RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Asan Ali Sk. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Rajasekhar Mantha, J.)
1. Each of the aforesaid appeals is directed against the judgment dated 4th August, 2015 and the order of conviction dated 5th August, 2015 passed by the learned Additional Sessions Judge, Second Court at Krishnagar in Sessions Case No. 27(3)2015.
2. By the said judgment, each of the appellants, namely, Kajal Sheikh, Kalu Sheikh, Raju Sheikh @ Nera, Asan Ali Sheikh and Sahajamal Sheikh were convicted under Sections 302 and 34 of the Indian Penal Code for life. They were also directed to pay a fine of Rs.10,000/- each, in default whereof, they were to undergo rigorous imprisonment for another six months.
3. The facts relevant to the instant case are that on 31st July, 2014 at about 8:30 P.M., Chhoto Sajamal Sheikh (the victim) was sitting in front of a tea stall owned by Badar Shah/Sheikh. The accused persons are stated to have approached the victim and initially threw country made bombs to scare away the persons around. The accused then assaulted the victim with fire arms and sharp cutting weapons. The victim sustained grievous injuries and died on the spot.
4. A complaint was lodged immediately thereafter at about 35 minutes past midnight (1st August,
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimony and lack of evidence led to the acquittal of the appellants.
benefit of doubt will have to be given to the accused as it is not proved by the cogent evidence that the evidence adduced pointed to the guilt of accused and accused alone
The prosecution failed to prove the accused's guilt beyond reasonable doubt due to contradictions in eyewitness testimonies, unreliable recovery of the weapon, and a defective investigation.
The prosecution must prove the charges against the accused beyond reasonable doubt, and unreliable witnesses, lack of a source of light, doubts about the place of occurrence, and lapses in the invest....
Acquittal justified where prosecution evidence suffers contradictions in eyewitness accounts, lack of corroboration for key allegations like firing, non-examination of Investigating Officer and docto....
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
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....
1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
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