IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sushil Kumar Das – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. nature of the appeal and the initial case facts. (Para 1 , 2) |
| 2. prosecution's reliance on witness testimony and evidence. (Para 3 , 4 , 5 , 6 , 8 , 10 , 11) |
| 3. witness accounts of victim's treatment and condition. (Para 7 , 12 , 18 , 22 , 23 , 24 , 25 , 28) |
| 4. findings from the medical evidence regarding cause of death. (Para 50 , 51 , 60) |
| 5. credibility of witness testimonies and implications on case. (Para 55 , 56 , 58) |
| 6. legal standards for acquitting defendants. (Para 63 , 64 , 65 , 66) |
| 7. final order and judgment on the appeal. (Para 68 , 69) |
Judgment :
DEBANGSU BASAK, J.
1. Appellant has assailed the judgment and order of acquittal dated January 13, 2019 passed by the learned Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No. 01 (08) of 2015 arising out of Sessions Case No. 39(04) of 2013 acquitting the private respondents of charges under Section 498A/302/201/34 of the Indian Penal Code, 1860.
2. Learned advocate appearing for the appellant has contended that, the daughter of the appellant was married to the respondent No. 2. The daughter of the appellant subsequent to her marriage had lived in her matrimonial home along with other members of the
The prosecution failed to establish the guilt of the respondents for murder and cruelty, lacking compelling evidence and relying on questionable testimonies.
Circumstantial evidence must form an unbroken chain leading to guilt; the absence of direct evidence does not negate conviction if circumstantial evidence is compelling.
The prosecution must prove beyond reasonable doubt the involvement of the accused in the crime, and if the evidence leaves room for skepticism about the veracity of the testimonies of the prosecution....
To convict under Section 306 IPC, there must be clear evidence of active instigation or facilitation of the suicide by the accused, which was not established in this case.
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