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2015 Supreme(Online)(Cal) 15

CALCUTTA HIGH COURT
*Nishita Mhatre, Samapti Chatterjee, JJ.
Sudarshan Das alias Lal Thakur alias Kashinath Das and Others v. State of West Bengal


Table of Content
1. conviction based on circumstantial evidence. (Para 1 , 2 , 3)
2. last seen and motive need stronger basis. (Para 21 , 22 , 23)
3. suspicion alone cannot uphold conviction. (Para 26 , 27 , 28 , 29)
4. court's ruling of acquittal based on evidence insufficiency. (Para 30 , 31)

1. Being aggrieved by the judgment and order of the Additional Sessions Judge, 1st Fast Track Court, Sealdah, 24 Parganas (South) in Sessions Case No. 12(05)07 the appellants have filed the present appeal. They have been convicted under S.302 read with S.34 of the IPC and have been sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/- (Five Thousand only) and in default of payment of such fine a further period of imprisonment for six months.

2. The victim Gokul Panda was a priest, who earned his livelihood by going to various places to offer puja. He was the regular priest in a factory owned by the complainant Subal Chandra Dey Dhara. He was permitted to stay in the factory premises as he had no other place of residence. The victim would leave the premises at 5.00 a.m. and return by 9 O' clock at night. On 29th January, 2007 Subal Chandra Dey Dhara received information from his





































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