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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Anarul Sk – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rajasekhar Mantha, J.
1. The subject appeal is directed against judgement of conviction dated 16.11.2017 and order of sentence 18.11.2017 passed by the Additional Sessions Judge, Fast Track Court, Berhampore, Murshidabad in Sessions Trial No.2(7)/2016 arising out of the Sessions Serial No.287 of 2001 (483 of 2014).
2. The appellants were convicted under Sections 302 read with Sec. 34, Sec. 326 read with Sec. 34, and Sec. 449 read with Sec. 34 of the Indian Penal Code.
3. Under sections 302/34 of the IPC, the appellants were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.25,000/- each. In default thereof, the appellants were directed to suffer simple imprisonment for another two years. Under sections 326/34 of the IPC, the appellants were sentenced to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.10,000/- each. In default theref, to suffer simple imprisonment for another two years each.
4. Under Sections 449/34 of the IPC, the appellants were sentenced to rigorous imprisonment for ten years and a fine of Rs.10,000/- each. In default thereof, to suffer simple imprisonment for another two years each for the offence punishable.
Conviction overturned due to unreliable eyewitness accounts, procedural delays, and failure to establish charges beyond reasonable doubt, emphasizing the principle of parity among co-accused.
Defective charge framing and unexplained FIR delay undermine the integrity of the trial, necessitating acquittal due to reasonable doubt on prosecution credibility.
The court affirmed the conviction for murder based on credible eyewitness and medical evidence, establishing clear intent under Section 302 IPC.
The prosecution must establish the place of occurrence, presence of witnesses, and identification of the accused beyond all reasonable doubts. Prompt lodging of the FIR and examination of the Investi....
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