Krishnapada Mahato & Ors. v. State of West Bengal
Case brief
What is this about?
Appeal against conviction for offences under Sections 498A and 306 IPC. The trial court convicted the appellants despite all non-medical and non-police prosecution witnesses being declared hostile and denying any knowledge of cruelty or the cause of death. The High Court held that the trial court erroneously relied on the FIR and a legal presumption under Section 113A of the Evidence Act without establishing foundational facts of cruelty. The conviction was set aside and the appellants acquitted.
What did the court decide?
The impugned judgment of conviction and sentence dated 18.07.2012 and 19.07.2012 passed by the Additional Dist. & Sessions Judge, Fast track, 3rd Court, Purulia, in Sessions Trial No. 03/12 under Sections 498A/306/34 IPC is set aside. The appellants/accused persons are found not guilty of the offences under Sections 498A and 306 IPC and released immediately.