RADHA KRISHNA SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated December 12, 2018 and order dated December 13, 2018 passed by learned Sessions Judge Hooghly in Sessions Trial No. 18 of 2016 arising out of Sessions Case No. 142 of 2016.

(2.) By the impugned judgment, the appellant was convicted for the offence punishable under sec. 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and a fine of ? 3000 and in default of payment of fine to undergo further rigorous imprisonment for six months.

(3.) The appellant has sought to assail the judgment of conviction and order of sentence, so passed by learned trial court. It is the contended by learned advocate for the appellant that there are material contradictions in the testimony of witnesses which renders the evidence unreliable. It has been pointed out that there are contradictions with regard to the contents of the written complaint. It is not clear at whose instructions it was drafted, was it police or the de-facto complainant. Learned advocate for the appellant further pointed to the inconsistency regarding presence of the witnesses i.e. PW 1, 2 and PW3 at the place of occurrence at the relevant time. It has also been indicated that there is no mention of street lights in the rough sketch map and as such, it is not safe to believe that the witnesses could identify the perpetrator in such light. Mention has been made that the appellant was not known to the witnesses by his name and as such his identification by such witnesses in court was not trustworthy.