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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Pranab Kumar Sasmal alias Pranab Sasmal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. appeal against conviction order. (Para 1) |
| 2. factual background of the alleged crime. (Para 2 , 3 , 4 , 5 , 6) |
| 3. witnesses’ testimonies during the trial. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. chain of circumstantial evidence analysis. (Para 23 , 24 , 25 , 26 , 28) |
| 5. evaluation of medical evidence. (Para 29 , 30 , 31 , 32 , 33) |
| 6. confession validity and its challenges. (Para 34 , 35 , 36 , 37 , 38) |
| 7. conclusion and implications of judgment. (Para 39 , 40 , 41 , 42 , 43 , 44) |
| 8. final judgment and orders issued. (Para 45 , 46 , 47 , 48) |
JUDGMENT :
Rajasekhar Mantha, J.
1. The present appeal is directed against judgment and order of conviction dated 22.02.2010 passed by the learned Additional Sessions Judge, 2nd Fast Track Court Contai, Purba Medinipur in Sessions Trial No. 35/October/2006. The appellant was convicted under Section 302 of the IPC . The appellant was sentenced to life imprisonment and to pay a fine of Rs 10, 000. In default thereof, he was directed to further undergo a simple imprisonment of 2 years. The period detention already undergone was directed to be set off from the imprisonment imposed.
THE PROSECUTION CASE
2. The case in the complaint
A conviction based on circumstantial evidence requires substantial corroboration, particularly with confessions, where voluntariness and trustworthiness must be proven to avoid wrongful convictions.
Point of Law : Even sub-clause (4) of Section 164 Cr.P.C. clearly indicates that such confession must be recorded in the manner provided under Section 281 Cr.P.C.
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
Confessional statement recorded without informing to accused as to why he desires to confess and he would not be remanded to police Lock-up even if, he does not confess guilt, cannot be relied on.
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