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IN THE HIGH COURT AT CALCUTTA
Joymalya Bagchi, J
Dipankar Baidya v. State of West Bengal
| Table of Content |
|---|
| 1. details the conviction and context of the case. (Para 1 , 2) |
| 2. arguments regarding the mental state of the appellant. (Para 6 , 7) |
| 3. witness testimonies relevant to the case. (Para 8 , 9 , 10) |
| 4. burden of proof regarding the defense of insanity. (Para 11 , 12) |
| 5. prosecution's failure to prove appellant's mental state. (Para 18 , 19 , 20) |
| 6. conclusion on the acquittal due to reasonable doubt. (Para 21 , 23) |
1. This appeal is directed against the judgment and order of conviction dated 20 March, 2009 and 23 March, 2009 passed by the Learned Additional District and Sessions Judge, F.T.C, North 24 Parganas in Sessions Trial No.03(11) / 2007 arising out of Sessions Case No.28(5) of 2007 convicting the appellant under S.302 of the Indian Penal Code (IPC) and sentencing the appellant to suffer life imprisonment and also pay a fine of Rs.5000.
2. The prosecution case in brief is that information was lodged by Sri Bishnupada Baidya, the son of the Bonochari Baidya (the deceased). The information disclosed that on 28 November, 2006 in the evening the appellant had gone out of his house for work. The deceased (his father) and his elder brother, Dipankar Baidya (the appellant
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