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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Hara SK. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. By filing this criminal appeal under Section 374 (2) of the Code of Criminal Procedure challenge has been made against the judgement dated 27th August,2009 and order of conviction dated 28th August,2009 passed by the Learned Additional Sessions Judge, Fast Track Court, Krishnanagar, Nadia in connection with sessions trial no Vi (11) 2007 arising out of sessions case no 38 (12) 2006, convicting the appellants for commission of offence punishable under Section 307/34 of the Indian Penal Code and sentencing them to suffer Rigorous Imprisonment for 4 years and to pay a fine of Rs. 500/- each in default to suffer simple imprisonment for one month for the offence punishable under Section 307 /34 of the Indian Penal Code.
2. The prosecution case was launched on the basis of a complaint lodged by one Islam Mallik, the de-facto complainant against the present appellants alleging that on 26th November, 2005, Saturday at about 5.30 P.M. his son one Samsul Mallik with his brother Manirul Mallik were proceeding towards ferry ghat to call from Akbar’s telephone booth. At that point time the present appellants, Khalek Sk., Din Mahammed, Hara Sk., Lalan Sk.
A conviction can be altered from attempted murder to voluntarily causing hurt when intent to kill is not sufficiently proven within the evidence presented, affirming the principle of rehabilitation f....
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
The essential ingredients for conviction under Section 307 IPC were not met in light of insufficient evidence regarding the accused's intent, leading to a downgrade of conviction to Section 324 IPC.
The court affirmed the conviction of two appellants for attempt to murder, emphasizing the necessity of proving intent beyond reasonable doubt; others acquitted due to insufficient evidence.
The court emphasized the credibility of injured witness testimony in establishing guilt under Section 324 IPC, while also asserting the applicability of probation provisions given the nature of the i....
The court upheld the conviction under Section 307 IPC, establishing that the appellants had the intention to commit murder based on the evidence of eye witnesses and the nature of the assault.
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