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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Manirul Mallick – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This criminal appeal has been filed under Section 374 (2) of the Code of Criminal Procedure 1973 by the appellant against a judgement and order of conviction and sentence dated 17th June 2009, passed by the Learned Additional District and Session Judge, Fast Track Court No (iv), Krishnanagar, Nadia in connection with Sessions Trial no (iii) (6) 2007, Sessions Case no 62 (4), 2007 thereby convicting the appellant herein for commission of offence punishable under Section 323 of the Indian Penal Code , 1860 and under Section 25 (i) (B) of the Arms Act 1959 and thus sentencing him to suffer Rigorous imprisonment for 1 year and to pay a fine of Rs. 500 in default to suffer further simple imprisonment for one month for commission of offence punishable under Section 323 of the Indian Penal Code , and to suffer rigorous imprisonment for 1 year and to pay an fine of Rs. 500 in default to suffer further simple imprisonment for 1 month for commission of offence punishable under Section 25 (i) (B) of the Arms Act,1959.
Brief fact of the case
2. The prosecution case was launched on the basis of a complaint lodged before the officer-in-charge Krishnaganj Po
Prosecution must prove charges beyond a reasonable doubt; insufficient evidence and unreliable testimonies can lead to acquittal.
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 prosecution failed to prove that the deceased sustained any firearm injuries, leading to the acquittal of the accused.
The conviction for attempted murder was upheld based on reliable witness testimony and corroborative forensic evidence, establishing the prosecution's case beyond reasonable doubt.
The court established that the testimony of eyewitnesses, especially those with a history of enmity towards the accused, must be scrutinized carefully, and that the prosecution bears the burden of pr....
The main legal point established in the judgment is that the appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing hurt using firearms during an altercation, base....
(1) Testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission.(2) Evidentiary value of a medical witness is very crucial to corroborate case of....
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