IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE CRA 512 of 2017 Avijit Chatterjee @ Abhijit Chatterjee @ Ramu Vs.

The State of West Bengal Before: The Hon’ble Justice Rajarshi Bharadwaj &

The Hon’ble Justice Apurba Sinha Ray For the Appellant : Mr. Soubhik Mitter, Adv.

Mr. Avishek Sinha, Adv.

Ms. Madhusree Banerjee, Adv.

For the State : Mr. Debashish Ray, Ld. P.P Mr. P.P. Das, Adv.

Ms. Manasi Ray, Adv.

CAV On : 04.07.2025 Judgment On : 14.08.2025 Apurba Sinha Ray, J. :-

1. The instant appeal has been preferred by the appellant against the judgment and order dated 31.07.2017 passed by the Learned Additional Sessions Judge, FTC-I, Sealdah, South 24 Parganas in Sessions Trial No. 1(1)2014 arising out of Sessions Case No. 5(7) of 2013 under Sections 302/34 of I.P.C on the grounds, inter alia, that the Learned Trial Judge did not consider the evidences of the prosecution witnesses in its proper perspective and/or has failed to take into account the evidence of the vital witnesses before convicting the appellant under Sections 302/34 of I.P.C.

2. The learned counsel Mr. Mitter has submitted that conviction of the appellant was pronounced only on the basis of a dying