Md. Sonu @ Sandrey Alam @ Sonu Ansari vs The State Of West Bengal on 17 July, 2025

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Being aggrieved by and dissatisfied with the judgment and order of

conviction dated 29.06.2015 and 30.06.2015 passed by the Learned

Additional Sessions Judge (In-Charge), Fast Track, 4th Court, (Barrackpore)

in Sessions Trial No. 2(2) of 2010 [arising out of Sessions Case No. 413 of

2009] convicting the appellants under Section 302/34 of the Indian Penal

Code, the instant criminal appeal has been preferred on the grounds, inter

alia, that the Learned Trial Judge did not consider the evidence on record in

its proper perspective and further the learned Trial Judge did not consider

the fact that though there was no whisper in the FIR and inquest report

regarding dying declaration of the victim, the Learned Judge has relied upon

an afterthought oral dying declaration of the victim beyond authority. The

PW1, the defacto-complainant is an interested witness and he was in

custody in connection with another case for murdering one Mahendra

Chowdhury and, therefore, reliance upon the evidence of PW1 by the

Learned Trial Judge, is a misplaced one. The deposition of PW2, an alleged

eye witness, cannot be relied upon in view of contradiction taken in the

deposition of the investigating officer. Though there was sufficient departure

from the initial case in the FIR and subsequent material improvement in the

prosecution case, the Learned Trial Judge did not consider the anomalies.

There are sufficient vital witnesses who ought to have been examined but

actually they were kept outside the process of investigation and trial of the

case. Therefore, for non-production of such vital witnesses, adverse

2025:CHC-AS:1328-DB

presumption is to be drawn against the prosecution case. There are multiple

laches in investigation and further, there are ample deficiencies in the

prosecution case and, therefore, the judgment and order of conviction as

aforesaid is liable to be set aside. Mr. Rahman, learned counsel for the

appellants has further submitted that PW3 Babujan Ansari who allegedly

took the victim with bleeding injuries to hospital was unable to show that

his wearing apparels were blood stained at the relevant time. Moreover, the

concerned auto driver in whose auto the victim was allegedly taken to

hospital was not examined. The doctor who examined the victim first was

also not called on as a witness.



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