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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Mekail Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAJASEKHAR MANTHA, J.
1. The subject appeal is directed against the judgment and order of conviction dated 3rd November, 2016 and 4th November, 2016 passed by Additional Sessions Judge, Fastrack 4th Court, Barrackpore in Sessions Trial No. 01(12)2009 arising out of Sessions Case No. 402 of 2009. The appellants were convicted under Section 302 read with Section 34 of the IPC .
THE PROSECUTION CASE
2. On May 25, 2009, Golam Mostafa Mondal, the victim, and his wife, being PW2, went to their mango garden/orchard to unclog the water accumulated thereat, and collect the mangoes fallen thereon as a result of the cyclonic storm named ‘Aila’.
3. The appellants were found to have been stealing the fallen mangoes from the said garden. The victim is stated to have shouted at them and asked them not to steal the mangoes. They fled the scene. They came back later with arms, or picked them up from the PO, namely Shabol, Kodal, spade and other sharp cutting weapons and grievously assaulted the victim thereat. The victim died on the spot.
4. PW 1, brother of the victim lodged the written complaint on the same date. He is stated to have arrived at the spot upon hearing the hue and cry of the
The conviction for murder was upheld based on eyewitness accounts and circumstantial evidence linking the appellants to the crime, affirming that minor inconsistencies in evidence do not undermine th....
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
Conviction upheld for murder based on reliable eyewitness testimony, establishing collective intent under IPC sections, while addressing proper charge framing and witness credibility.
Criminal Law - Criminal Trial - Injuries/Wounds/Weapons - Appeal against conviction - Injuries sustained by two deceased women have direct nexus with weapons of offence as recovered by police on basi....
The court affirmed that child witness testimony, when corroborated by adult witnesses, can be sufficient for conviction in murder cases, emphasizing careful scrutiny of such evidence.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.
The prosecution must prove guilt beyond reasonable doubt; lapses in investigation and reliance on questionable evidence necessitate acquittal.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
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