Back
IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Mekail Mondal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of events leading to conviction (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. witness testimonies and evidence at the scene (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 3. trial court's findings on guilt (Para 25) |
| 4. arguments regarding reliability of witness testimony (Para 26 , 27 , 28) |
| 5. judicial analysis of key evidence and contradictions (Para 29 , 30 , 31 , 32 , 33) |
| 6. examination of the motives and the crime context (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 7. legal standards for weapon recovery and evidence (Para 42 , 43 , 44 , 45) |
| 8. principles of admissibility regarding evidence (Para 46 , 47 , 48 , 49 , 50) |
| 9. final analysis of prosecution case and verdict (Para 51 , 52 , 53 , 54 , 55 , 56) |
| 10. conclusion of the court's decision (Para 57 , 58 , 59 , 60 , 61) |
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
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.
(1) Sentence – Power to impose punishment of imprisonment for life without remission is conferred only on Constitutional Courts and not on Sessions Courts.(2) Remission – No right accrues to accused ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
