Kaikobad Sk. vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 556

IN THE HIGH COURT AT CALCUTTA
Rajarshi Bharadwaj, Apurba Sinha Ray
Kaikobad Sk. – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Partha Sarathi Bhattacharyya, Ms. Sukla Das Chandra, Mr. Bhaskar Seth, Ms. Swarnali Saha
For the Respondent: Mr. Abhishek Sinha, Ms. Afreen Bengum

Table of Content
1. conviction based on procedural integrity and witness reliability. (Para 2 , 6 , 8)
2. eyewitness testimonies establish guilt beyond reasonable doubt. (Para 10 , 11 , 18 , 19 , 22)
3. medical evidence supports eyewitness accounts of assault. (Para 12 , 14 , 25 , 27)
4. evidence of concerted attack negates claims of mutual scuffle. (Para 21 , 23 , 24 , 28)
5. affirmation of conviction due to established intent and unlawful assembly. (Para 30 , 32 , 34)

JUDGMENT :

Rajarshi Bharadwaj, J.

1. At the outset, it is informed that the appellant nos.1 and 3 have expired. Death certificates of the appellants have been placed on record. The Appeal stands abated so far as the appellant nos. 1 and 3 are concerned.

2. The appeal is directed against the judgment and order dated 20.03.2013 passed by the Learned Additional Sessions Judge, 1^stFast Track Court, Rampurhat Birbhum, in Sessions case no.39 of 2009 convicting the appellants for commission of offences punishable under sections 147/148/323/324/326/302/149 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentencing them to undergo Rigorous Imprisonment for life and to pay a fine of Rs.10,000/- each, in default of whic