In the matter of: Sk. Lal Mahammad vs .

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 578

IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
In the matter of: Sk. Lal Mahammad – Appellant
Versus
. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Manisha Ghosh (Amicus Curiae)
For the Respondent: Mr. Avishek Sinha, Mr. Parvej Anam

Table of Content
1. conviction details and background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. defective charge and reliability of prosecution witnesses. (Para 8 , 9 , 10)
3. reliability of testimonies and corroboration from medical evidence. (Para 19 , 20 , 21 , 22 , 24 , 25 , 28 , 30 , 31)
4. justification of conviction under ipc and sentence alteration. (Para 32 , 33 , 34 , 36)
5. final decision to partly allow the appeal and discharge. (Para 38 , 39 , 40 , 41 , 42)

JUDGMENT :

PRASENJIT BISWAS, J.

1. The impugned judgment and order of conviction dated 27.07.1999 passed by the learned Additional Sessions Judge, 2nd Court Burdwan in connection with Sessions Trial No. 6 of 1999 arising out of Sessions Case No. 203 of 1995 is assailed in this appeal.

2. By passing the impugned judgment, this appellant was found guilty for commission of offence punishable under Section 323 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for six months.

3. Being aggrieved and dissatisfied with the said impugned judgment and order of conviction, the present appeal is preferred at the behest of the appellant.

4. In short campus the story of the prosecution is as follows-

“The ins