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IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Jogesh Barman @ Doro Barman – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. This appeal is directed against the impugned judgment and order dated 27.06.1990, passed by the learned Additional Sessions Judge, 2nd Court, Jalpaiguri, in Sessions Case No. 117 of 1989 corresponding to Sessions Trial No. 6 of 1990, whereby the appellant was found guilty of offences punishable under Sections 25(1)(a) and 27 of the Arms Act. In the said judgment, the appellant was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/-, and in default of payment of fine, to undergo further rigorous imprisonment for three months.
2. Being aggrieved by and dissatisfied with the findings and sentence recorded in the impugned judgment, the appellant has preferred the present appeal.
3. In short compass, the case of the prosecution, as emerging from the materials on record, may be delineated as follows:
“A written complaint was lodged at the police station by the defacto complainant, alleging, interalia, that on 18.01.1983 at about 02:00 hours, upon receipt of secret information, Sub-Inspector Mr. Chhetri, along with other police personnel, proceeded to village Ja-Chandrapur. While approaching the river side of B
The prosecution must prove unlawful possession of firearms beyond reasonable doubt, and minor inconsistencies in witness testimonies do not undermine the case if the overall evidence is credible.
The main legal point established in the judgment is the requirement for sufficient and admissible evidence to prove charges beyond reasonable doubt, especially in cases involving possession of arms a....
The court established that the absence of independent witnesses and inconsistencies in witness testimonies can undermine the prosecution's case, particularly in criminal proceedings under the Arms Ac....
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