IN THE HIGH COURT AT CALCUTTA
Debangsu Basak, Md. Shabbar Rashidi
State Of West Bengal – Appellant
Versus
Surajit Deb – Respondent
| Table of Content |
|---|
| 1. death reference and conviction details. (Para 1 , 2) |
| 2. discovery of the victim's body. (Para 3 , 4 , 5) |
| 3. appellants' defense arguments presented. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. evidence and procedural misapplications. (Para 13 , 14 , 15) |
| 5. state's effort to uphold conviction. (Para 16) |
| 6. establishment of murder and guilt. (Para 51 , 52) |
| 7. relationship complexities and motive analysis. (Para 53 , 54 , 55 , 56) |
| 8. insufficient evidence for prosecution. (Para 57 , 58 , 59) |
| 9. acquittal of the appellants. (Para 60) |
| 10. final orders of court. (Para 61 , 62 , 63 , 64 , 65) |
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. This is a death reference case arising out of the judgment of conviction dated July 20, 2019 and corresponding order of sentence dated July 22, 2019 passed by learned 1st Additional Sessions Judge, Sealdah, in Sessions Trial No. 3 (4) of 2015. The three connected appeals are in assailment of the common judgment of conviction and order of sentence involved in the death reference.
2. By the impugned judgment, the appellants were convicted for the offence punishable under Sections 302/201/120B of the Indian Penal Code, 1860. Consequently, by the impugned order of s
The prosecution must establish guilt beyond reasonable doubt; failure results in acquittal.
The court established that a death penalty may be commuted to life imprisonment based on mitigating factors, even in serious cases, while emphasizing the necessity for societal protection.
Circumstantial evidence, including the last-seen principle and failure to explain circumstances of a child's death, uphold conviction under sections 302, 201 of the IPC.
The court upheld the conviction for murder and sexual assault, affirming strong evidential links to the appellant despite procedural challenges in the case.
Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
The judgment emphasizes the importance of credible evidence and the burden of proof on the prosecution in criminal cases.
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