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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Niyati Karan – Appellant
Versus
Khandu Kharah – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. This appeal is directed against the judgment and order of acquittal dated 25.05.2007 passed by the Learned Judicial Magistrate, 2nd Court, Paschim Medinipur (Sadar) in T.R. No.121/1994 arising out of CR 639 of 1994 acquitting the appellant of the charge under Sections 148/149/324/379/506 of the Indian Penal Code.
2. The prosecution case precisely stated on 18.06.1994 at about 10 p.m., the accused persons under the leadership of Sri Dinesh Chandra Bhattacharya went to the pond of the complainant at Plot No. 155 and 156 under Mouza- Asnaboni with arms, deadly weapons, fishing net and started angling from the pond. Accused Paban Kumar Ghosh had gun in his hand. The accused persons caught about 3 quintals of fish from the pond and fled. The witnesses saw the entire incident but could not resist and restrain them as the accused persons were armed with deadly weapons. Prior to that incident, the accused persons had assaulted the complainant’s husband Saktipada Karam and his maternal uncle Sri Bamapada Ghosh with “tangi” on 18.06.1994 at about 04:30 p.m. The injured persons were taken to the hospital by the police, where subsequently the complainant’s h
Indian Penal Code, 1860—Sections 143 and 379—Judgement passed by lower appellate court acquitting accused persons for offence under Sections 143 and 379 of IPC and affirming order of acquittal under ....
The prosecution must prove its case beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence led to the acquittal of the accused.
The need for consistency and credibility in evaluating evidence in criminal cases, and the requirement to prove common intention under S.149 IPC.
The prosecution must prove the guilt of accused beyond reasonable doubt; inconsistencies in witness testimony led to acquittal of appellants.
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