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IN THE HIGH COURT AT CALCUTTA
Rajarshi Bharadwaj, Apurba Sinha Ray
Md. Sonu @ Sandrey Alam @ Sonu Ansari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. Being aggrieved by and dissatisfied with the judgment and order of conviction dated 29.06.2015 and 30.06.2015 passed by the Learned Additional Sessions Judge (In-Charge), Fast Track, 4th Court, (Barrackpore) in Sessions Trial No. 2(2) of 2010 [arising out of Sessions Case No. 413 of 2009] convicting the appellants under Section 302/34 of the Indian Penal Code, the instant criminal appeal has been preferred on the grounds, inter alia, that the Learned Trial Judge did not consider the evidence on record in its proper perspective and further the learned Trial Judge did not consider the fact that though there was no whisper in the FIR and inquest report regarding dying declaration of the victim, the Learned Judge has relied upon an afterthought oral dying declaration of the victim beyond authority. The PW1, the defacto-complainant is an interested witness and he was in custody in connection with another case for murdering one Mahendra Chowdhury and, therefore, reliance upon the evidence of PW1 by the Learned Trial Judge, is a misplaced one. The deposition of PW2, an alleged eye witness, cannot be relied upon in view of contradiction taken in the deposi
The prosecution must prove guilt beyond reasonable doubt; lapses in investigation and reliance on questionable evidence necessitate acquittal.
The conviction for murder was reversed due to insufficient evidence, lack of motive, and failure to adhere to procedural protections for the accused.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
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.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
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