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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Debdas Basak @ Deba Basak – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. discrepancies in prosecution's case (Para 5 , 6 , 7 , 8) |
| 3. importance of evidence and investigation (Para 9 , 10 , 11 , 14 , 15 , 16 , 17 , 18) |
| 4. victim's injuries and credibility of evidence (Para 20 , 21 , 22 , 23) |
| 5. legal definitions of intention and knowledge (Para 32 , 34 , 37) |
| 6. final decision and order (Para 38 , 40 , 41 , 42 , 43 , 44) |
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This instant criminal appeal against the judgement and order dated 23.9.2015 passed by learned Additional District and Session Judge, Ranaghat, District Nadia in connection with Sessions Trial number 7(11) of 2005 arising out of Shantipur Police Station no. 235 of 2004 dated July 20, 2004, wherein the accused persons/appellants were found guilty of the offence under Section 307 /34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years with fine of Rs.5000 each and further R.I. for six months in default of payment of fine.
Prosecution case
2. Bereft of any details the prosecution case is that on1st-2nd of July last year at about 1 A.M. the husband of the de-facto complainant while dealing with dying th
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.
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....
It is true that investigation of a criminal case may be faulty inasmuch as Investigating Officer may not seize the blood stained wearing apparel of victim or that he failed to send offending weapon f....
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....
The court established that the intention to kill is a critical element for a conviction under Section 307 IPC, and in the absence of such intent, a lesser charge under Section 325 IPC for grievous hu....
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