IN THE HIGH COURT AT CALCUTTA
JOYMALYA BAGCHI, GAURANG KANTH
Biru Murmu @ Kunkal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appeal is directed against judgment and order dated 30.01.2018 and 31.01.2018 passed by the learned Additional Sessions Judge, 5th Court, Paschim Medinipur in Sessions Trial No. 02 (01) of 2015 arising out of Sessions Case No.18 (11) of 2014 convicting the appellant for commission of offence punishable under S.302/201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for two years more for the offence punishable under S.302 IPC and to suffer simple imprisonment for three years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for one year more for the offence punishable under S.201 IPC; both the sentences to run concurrently.
Prosecution case:
2. Prosecution case as alleged against the appellant is as follows: - Eighteen years ago, appellant had married Budhi Murmu. Initially their relationship was good. Thereafter, appellant started inflicting torture upon Budhi. On 13.06.2014, Budhi went missing. On 15.06.2014, body of a lady was seen floating in Talpukur of Gaighata. On the next day i.e. 16.06.2014 Nepal Soren, elde
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
(1) Appeal by Special Leave – If finding of guilt is returned without properly evaluating and testing evidence by applying requisite legal principles, it can always be corrected by Supreme Court in e....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
Circumstantial evidence must establish foundational facts beyond reasonable doubt for a conviction; the prosecution failed to prove the last seen theory and weapon recovery.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
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