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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT PORT BLAIR
Joymalya Bagchi, Gaurang Kanth
Nil Ratan Mridha – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction for murder under ipc. (Para 1 , 2 , 3) |
| 2. arguments for defense and prosecution. (Para 4 , 5) |
| 3. evidence and witness testimonies. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. homicidal death determined. (Para 13 , 14 , 15) |
| 5. extra judicial confession and recovery of weapon. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. prosecution proved case beyond doubt. (Para 25 , 26) |
| 7. modification of sentence. (Para 27 , 28) |
| 8. conclusion and directions for trial court. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
JOYMALYA BAGCHI, J.
1. The appeal is directed against judgment and order dated September 27, 2022 passed by the learned Additional Sessions Judge, North and Middle Andaman, Mayabunder in Sessions Trial No.08 of 2021/Sessions Case No.04 of 2021 convicting the appellant for commission of offence punishable under section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life which means imprisonment for the remainder of that person’s natural life.
PROSECUTION CASE
2. Prosecution case against the appellant is to the effect that on 06.03.2021 at 10.30 AM, appellant came running to one Sankar Mondal, member of Harinagar Gram Panchayat (PW-6) a
The court established that conviction for murder under circumstantial evidence requires a complete and clear chain of evidence, supporting the inference of guilt beyond a reasonable doubt.
(1) Extra-judicial confession – Extra-judicial confession is a weak piece of evidence – If extra-judicial confession suffers from material discrepancies or inherent improbabilities and does not appea....
Extra-judicial confessions, even without prior acquaintance, can be credible if made immediately post-offence, supporting murder convictions.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
Circumstantial evidence and extra-judicial confessions can sustain a murder conviction, provided they form a complete chain, even without eyewitness testimony.
Extra-judicial confessions must be corroborated and credible; lack of evidence undermined the conviction of the accused in a homicide case.
In a case based on circumstantial evidence, the circumstances must be fully established, consistent only with the hypothesis of the guilt of the accused, of a conclusive nature, excluding every possi....
Extrajudicial confessions require corroboration and cannot solely establish guilt without reliable evidence.
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