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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Pintu Saha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rajasekhar Mantha, J.
1. The subject appeal is directed against the judgment of conviction and order of sentence dated 31st May, 2016, passed by the learned Additional District & Sessions Judge, F.T.C. Bankura in Sessions Trial No. 01(01)/2013 arising out of the Sessions Case No. 01(11)2012. The appellant was convicted under Section 302 of the IPC and was sentenced to suffer imprisonment for life and directed to pay a fine of Rs. 5,000/-. He was also convicted to suffer imprisonment for one year for commission of offence punishable under Section 201 of the IPC. The sentence was directed to run concurrently.
THE PROSECUTION CASE, EVIDENCE ON RECORD AND THE ANALYSIS OF THIS COURT
2. An unidentified dead body with a palm severed in a decomposed condition was discovered by local residents in the Damodar river at Balighat under Mouza- Krishnanagar under Barjora PS sometime at about 1.00 p.m. on 27th June, 2012.
3. Upon being informed, the Barjora PS personnel, removed the dead body therefrom and sent the same for inquest. PW 15 was the Inquest Officer as well as the Investigating Officer of the case. The inquest report recorded several injuries on the body of the victim including
Once the Prosecution bases its case on Section 27 of the Evidence Act then necessarily the procedure laid down therein must be followed to the hilt, as the liberty of an individual is at stake.
The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to convict an accused, as well as the need for the circumstances to lead to onl....
Conviction based purely on circumstantial evidence without established motive and reliability issues in witness testimony is inadequate for affirming guilt beyond a reasonable doubt.
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 ....
In a case based on circumstantial evidence, each circumstance must be firmly established, and the absence of motive and failure to prove the 'last seen' theory can lead to reasonable doubt, resulting....
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