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IN THE HIGH COURT AT CALCUTTA
Tirthankar Ghosh, J, TIRTHANKAR GHOSH
Ram Chandra Prasad @ Das – Appellant
Versus
State of West Bengal – Respondent
JUDMENT :
Tirthankar Ghosh, J.
1.The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 20.08.2019 passed by the Ld. Additional District and Sessions Judge, 2nd Court, Barrackpore, North 24 Parganas wherein the Learned Trial Court was pleased to convict the appellants under Section 325 of IPC and sentenced them to suffer simple imprisonment for two (2) years and fine of Rs. 5,000/- i.d. to undergo simple imprisonment for further six months.
2. Noapara Police Station Case No. 68/08 dated 12.06.2008 was registered for investigation under Sections 326 /307/34 of IPC against the appellants and another. On the basis of an information furnished by Santoshi Shaw (PW-1) addressed to the Officer-in-Charge, Noapara Police Station complaining that on 12.06.2008, in between 10:00 A.M. to 10:15 A.M., her brother Kundan Shaw was shopping at Park Gate Bazaar. When her brother reached near the boundary of C.Q.S.A. office, at that time Ram Chandra Prasad @ Das and Rabi Prasad, resident of Ichhapur, Arabinda Pally along with their employee Kuddus Ansari were interacting with him in respect of previous business transactions. All of a sudden, the accused per
The testimony of injured eyewitnesses holds considerable weight, and the court affirmed their credibility in establishing guilt beyond reasonable doubt.
The court upheld the conviction under IPC Sections 326 and 324, emphasizing the credibility of injured witnesses and the sufficiency of evidence despite the absence of independent corroboration.
The reliability of injured witnesses' testimony and medical reports can establish guilt despite inconsistencies and lapses in the investigation.
The prosecution must prove charges beyond reasonable doubt, and the accused are entitled to the benefit of reasonable doubt; the court found the injured witnesses' evidence credible.
The prosecution must prove its case beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence led to the acquittal of the accused.
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