State of West Bengal vs Susanta Chowdhury

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 1107

IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Susanta Chowdhury – Respondent

Advocates Appeared:
For the Appellant : Mr. Kallol Mondal Ld. Sr. Adv., Mr. Krishan Ray, Adv., Mr. Anamitra Banerjee, Adv.
For the State : Mr. Debashish Roy, Ld. PP , Mrs. Amita Gaur, Adv., Mrs. Shaila Afrin, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. A death reference and an appeal have been heard analogously as they relate to the same impugned judgment of conviction dated August 29, 2023 and order of sentence dated August 31, 2023 passed by the Fast Track, Third Court, Behrampore, Murshidabad in Session Serial No. 1387 of 2022 convicting the appellant under Section 302 of the Indian Penal Code and under Section 28 of the Arms Act and sentencing the appellant to death.

2. Appellant not being represented on several dates of hearing of the death reference and the appeal we had appointed the learned Senior Advocate and the learned Junior Advocate appearing for the appellant, as advocates for the appellant and requested the Secretary, State Legal Services Authority to regularize such appointment, which was done.

3. Learned Senior Advocate appearing for the appellant has submitted that, the prosecution failed to prove the charges beyond reasonable doubt. He has submitted that, Prosecution Witness (PW) No. 3 has stated in his deposition that, apart from himself, there were other employees of his present at the place of occurrence. However, such employees have not been examined by the prosecution. Accordin