Bishnupada Choudhury vs State of West Bengal

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2026 Supreme(Cal) 226

IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Bishnupada Choudhury – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. Kallol Kumar Basu, Mr. Anindya Sunder Das, Md. Jannat UL Firduas, Mr. Rajsekhar Hota, Mr. Suman Haldar
For the State : Mr. Abishek Sinha, Mr. Tirupati Mukherjee

Table of Content
1. conviction based on testimony from witnesses without strong corroboration. (Para 1 , 2 , 3)
2. witness credibility is undermined by contradictions and inconsistencies. (Para 7 , 8 , 9 , 10)
3. appeal granted due to failure of prosecution to meet burden of proof. (Para 60 , 61 , 62)

Judgment :

Prasenjit Biswas, J.

1. This appeal is directed against the impugned judgment and order of conviction dated March 30, 1988 passed by the learned Additional Sessions Judge, Midnapore in connection with Sessions Trial Case No. 13^th April, 1987.

2. By passing the impugned judgment, these appellants were found guilty for commission of offence punishable under Sections 147, 304 Part-I/149 of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for five years along with payment of fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for one year.

3. Being aggrieved by and dissatisfied with the said impugned judgment and order of conviction, these present appellants have preferred this instant appeal.

4. The prosecution’s case, in a nutshell, is as follows:

“The present case originated on the basis of a complaint lodged by th

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2026 Supreme(Cal) 226

IN THE HIGH COURT AT CALCUTTAPRASENJIT BISWASBishnupada Choudhury – AppellantVersusState of West Bengal – Respondent

IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Bishnupada Choudhury – Appellant
Versus
State of West Bengal – Respondent