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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
State of West Bengal through the Learned Public Prosecutor, High Court, Calcutta – Appellant
Versus
Bhatu Sk – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. Appeal is at the behest of the State of West Bengal seeking enhancement of sentence directed against judgment and order of conviction dated June 17, 2019.
2. By the impugned judgment, the learned trial Court convicted the accused Bhatu Sk and Motor Sk. alias Motar Sk under S.448/324 of the Indian Penal Code. Learned trial Court, however, did not proceed to sentence the convict and release them on probation of good conduct in terms of S.4(1) and (3) of the Probation of Offenders Act read with S.360 of the Criminal Procedure Code.
3. There was an altercation between the family members of the complaining party as well as the accused on February 26, 2016 over breaking of fencing. Later on, the accused persons being armed with sharp cutting weapons attacked the house of the complainant and assaulted the complainant and others causing bleeding injuries. It has also been stated in the written complaint that, the injured persons fell unconscious and were taken to hospital for medical treatment.
4. Defacto complainant Manju Khatun lodged a written complaint with regard to the incident of February 26, 2016. On the basis of such written complaint Kaliganj Poli
The main legal point established in the judgment is the successful proof of the charge against the appellants under Sections 325/34 of the Indian Penal Code, as well as the application of the Probati....
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....
The quality of evidence is crucial in establishing guilt, and irrefutable proof is necessary to convict the accused.
The central legal point established in the judgment is the consideration of evidence and medical reports to determine the intention of the accused, leading to the conversion of the conviction and the....
The duty of the prosecution to explain discrepancies between ocular and medical evidence and the impact of inimical relationships between witnesses and the accused on the case's outcome.
The main legal point established in the judgment is the significance of consistent witness statements and the requirement for the prosecution to explain injuries sustained by the accused.
The court established that intent to kill under IPC Section 307 cannot be inferred solely from the nature of the injuries; the context of the assault is crucial.
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