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Supreme Court of India 2021-10-07 dismissed

Goutam Joardar & Ors vs State of West Bengal

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Five appellants were convicted for the murder of Paritosh Dey (the victim) on 8 May 2011 after assaulting him with sharp weapons and shooting him in front of an RSP party office. The appellants had previously ransacked the victim's fish stall and threatened him. The Supreme Court upheld the conviction despite a delay in recording statements of the two eye-witnesses (PW18 and PW19). The Court held that delay in recording witness statements is not fatal when adequately explained by the terror and fear created by the accused, and when the witness statements are cogent, consistent and trustworthy, supported by corroborating evidence like weapon recoveries and ballistic reports. The appeals were dismissed and the life sentences imposed by the Trial Court were affirmed."

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Criminal Law Murder Evidence Eye-witness Testimony Delay in Recording Statements Common Intention Arms Act Criminal Procedure

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