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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Sajal Kanti Roy @ Subrata @ Subho – 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 April 26, 2018 and April 27 2018 respectively, passed by the Sessions Judge, Birbhum at Suri, in Sessions Trial No. 04(01) 2015 arising out of the Session Case No. 148 of 2014.
2. The appellants were sentenced to suffer rigorous imprisonment for life for the offence under Section 302/34 of the IPC. They were further directed to pay fine of Rs 1,00,000 (one lakh) each. In default thereof, they were to undergo a rigorous imprisonment for a period of 6 months.
3. The appellants were also sentenced to rigorous imprisonment for 1 year for the offence committed under Section 448 of the IPC. They were also directed to pay a fine of Rs 5000 (five thousand) each. In default thereof, they were to undergo imprisonment for a period of 1 month each.
4. The appellants were sentenced to rigorous imprisonment for 5 years for the offence committed under section 27 of the Arms Act. They were directed to pay a fine of Rs 50,000(fifty thousand) each. In default thereof, they were directed to suffer rigorous improvement for a period of 6 months.
5. The sentences were directed run
The admissibility and reliability of dying declarations and eyewitness testimonies are upheld as critical for establishing the identity of the assailants in murder cases involving political rivalry.
The reliability and consistency of dying declarations, along with the admissibility of medical evidence and the prosecution's obligation to produce evidence, were central to the court's decision.
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