ANANTLAL GHOSH Vs. STATE OF W B

JUDGEMENT

(1.) The appellant alongwith 7 accused were put to trial under Sections 302, IPC and 201 read with 34 IPC. Six accused were acquitted by the trial court. The appellant was convicted under Sections 302 IPC and 201 read with 34 IPC and sentenced to R.I. for life under Section 302 IPC. The appellant was also convicted under Section 201/34 IPC and sentenced to R.I. for five years and a fine of Rs.2,000/- in default further R.I. for six months. The other accused was also convicted under Section 201 read with 34 IPC and was sentenced to four years R.I. and a fine of Rs.1,000/- in default further three months R.I. It appears that he has already undergone the sentence and conviction recorded against him.

(2.) This appeal is filed by the accused Anantalal Ghosh who was convicted under Section 302/201/34, IPC by special leave.

(3.) Admittedly, there is no eye-witness to the occurrence. The conviction is based on the circumstantial evidence. Both the trial court and the High Court recorded the conviction against the appellant on the basis of the evidence of PW.1, PW.2 and PW.3. It is now established principle of law that the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis except that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.