STATE OF WEST BENGAL Vs. RADHA KANTA BERA

JUDGEMENT

(1.) Death reference and the appeal are directed against the impugned judgment of conviction dated May 2, 2023 and consequent order of sentence dated May 3, 2023 passed by Learned Additional Sessions Judge, 1st Court, Jhargram, in connection with Sessions Trial No. 11 (6) of 2018 arising out of Sessions Case No. 01(09) of 2017.

(2.) By the impugned judgment of conviction the appellant was convicted for the offence punishable under Sec. 302 of the Indian Penal Code. Consequently the appellant was sentenced to death penalty for such offence. However, on the basis of evidence on record, the other accused persons namely Mihir Bera, Kabita Bera and Nandalal Bera were found not guilty of the charges and were acquitted by the impugned judgment.

(3.) Learned Advocate for the appellant submits that the material embellishments were made by the prosecution in course of evidence adduced on its behalf. It has been submitted that there are variations in the statements of the prosecution witnesses vis-a-vis the written complaint. It was also submitted on behalf of the learned Advocate for the appellant that the prosecution witnesses, particularly, P.W. 1 and P.W. 3, who claimed to be eye-witnesses to the incident, were highly doubtful. There are material contradictions in the statement of such witnesses.