State of West Bengal vs Promothesh Ghosal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 354

IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Promothesh Ghosal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Soumajit Das Mahapatra, Ms. Sonali Das, Mr. Dipankar Saha
For the State : Mr. Debasish Roy, Ld. P.P., Mr. Anand Keshari, Ms. Snigdha Saha

JUDGMENT :

DEBANGSU BASAK, J.:-

1. Death reference and the appeal are taken up for analogous hearing as they emanate out of the same impugned judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, 1^st Court, Hooghly in Sessions Trial No. 27(8) 2022 arising out of Sessions Case No. 89 of 2022 convicting the convict under Section 302 of the Indian Penal Code, 1860 and sentencing the convict to death.

2. Learned advocate appearing for the convict draws the attention of the Court to the FIR as also the inquest report. He submits that the inquest report does not speak of any of the so-called extra judicial confession being made although one of the witnesses to the inquest claimed that the convict made such extra judicial confession as the prosecution witness.

3. Learned advocate appearing for the convict refers to the evidence of the prosecution witnesses and submits that the so-called extra judicial confessions cannot be relied upon. Moreover, he refers to the evidence of the prosecution witnesses and submits that the place of occurrence was such that it was open to other persons to enter and exit the place of occurrence. He refers to the sketch map