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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Md. Jahangir Sahaji – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. The impugned judgment and order of conviction dated 25.04.2017 and 29.04.2017 passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Barasat, North 24 Parganas is assailed in both the appeals.
2. Both the appeals are filed challenging the same impugned judgment and order of conviction and as such, those two appeals are taken up together for disposal.
3. By passing the impugned judgment both the appellants were found guilty for commission of offence punishable under Section 302 and 498A of the Indian Penal Code. The appellant, Jahangir Sahaji was sentenced to death for the offence committed under Section 302 of the Indian Penal Code. The appellant Rowsanara Bibi was sentenced to suffer rigorous imprisonment for life. Both the appellants were sentenced to suffer rigorous imprisonment for three years for commission of offence punishable under Section 498A of the Indian Penal Code.
4. In short campus the story of the prosecution is as follows:
“A written complaint was lodged by one Lucia Bibi being the first wife of the accused Jahangir Sahaji to the effect that she got married eight years ago with this appellant and since after her marri
The court affirmed that under Section 106 of the Evidence Act, a husband must explain circumstances of an unnatural death occurring in a shared residence; failure to do so may lead to an adverse infe....
(1) Section 106 of Evidence Act will apply to those cases where prosecution has succeeded in establishing facts from which a reasonable inference can be drawn.(2) When a case is resting on circumstan....
The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evide....
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or circumstantial evidence is insufficient for conviction under IPC sections 302 and 201.
The main legal point established is the requirement to fully establish circumstances in cases based on circumstantial evidence, the need for corroborating medical reports with other evidence, and the....
The prosecution must prove guilt beyond reasonable doubt; mere suspicion and circumstantial evidence without corroboration are insufficient for conviction.
The trial Court's failure to put material circumstances to the accused during examination under Section 313 of the CrPC constituted a serious irregularity, warranting the acquittal of the appellant o....
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt. The application of Section 106 of t....
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