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JOYMALYA BAGCHI, SHAMPA (DUTT) PAUL
Ashoke Murmu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Joymalya Bagchi, J.)
1. The appeal is directed against judgment and order dated 26.02.2018 and 27.02.2018 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Hooghly in Sessions Trial No. 57/2012 arising out of Sessions Case No. 159/2011 convicting the appellant for commission of offence punishable under section 302 of IPC and sentencing him to suffer rigorous imprisonment for life. Factual Matrix
The prosecution case against the appellant is as follows : -
2. In the night of 24.06.2010, Ashoke Murmu was in the house with his wife Hira (P.W 10) and their five year old daughter Tuktuki. Ashoke took out a katari (a sharp cutting weapon) and cut the throat of his daughter Tuktuki. Out of fear, wife Hira ran away and took refuge in a nearby house where she became senseless. After the incident Ashoke tried to commit suicide by cutting his throat but failed. In that condition, he went to Magra Police Station and surrendered himself. A.S.I Sanjib Kumar Mondal (P.W 8) detained him and diarized the incident. P.W 8 referred him to Magra BPHC for treatment.
3. In the meantime, local people assembled and one of them namely, Mangal Mandi (P.W 2) lodged written complai
The court upheld the conviction for murder based on circumstantial evidence and the appellant's post-incident conduct, despite the inadmissibility of his confession.
Point of law: Conviction set aside – Murder case - duty is cast upon the prosecution to produce worthwhile evidence to establish the guilt against the accused beyond all reasonable doubt.
Point of Law : Section 101 of the Indian Evidence Act, 1872 reveals that whenever a Court desires to give judgment as to any legal right or liability depend on the existence of facts which he asserts....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The court affirmed that the testimony of a child witness can be credible and sufficient for conviction, supported by corroborative forensic evidence, establishing homicide over suicide.
The inadmissibility of a confession made in the presence of the police, the requirement for establishing guilt beyond reasonable doubt, and the importance of proving key circumstances in a criminal c....
The conviction of the appellant was overturned due to insufficient evidence, with reliance on the testimony of an incompetent child witness and failure to prove charges beyond reasonable doubt.
The court emphasized that direct and circumstantial evidence can establish guilt beyond a reasonable doubt, particularly when eyewitness accounts, along with credible medical evidence, corroborate th....
Point of Law : Prosecution has succeeded in proving the charge brought against the accused beyond reasonable doubt by adducing circumstantial evidence. Each link in the chain of circumstances has bee....
(1) Sentence – Power to impose punishment of imprisonment for life without remission is conferred only on Constitutional Courts and not on Sessions Courts.(2) Remission – No right accrues to accused ....
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