State Of West Bengal And Ors vs Manas Kumar Chakrabarti And Ors on 13 December, 2002
It was contended that since the alleged extra judicial
SC No. 81/12 7 of 27
State Vs. Manas Kumar Pati
confession was made under the influence of liquor, no reliance can be
placed on his testimony. It was further contended that PW2 had made
substantial improvements in his testimony, thus no reliance can be placed
on his testimony. It was further contended that from the testimony of police
officials witnesses it becomes clear that they had manipulated the record
and investigation was not conducted in accordance with law. It was further
contended that there is inordinate delay in lodging FIR as initially
prosecution case was that it was not a case of culpable homicide; rather it
was case of accidental death and due to that reason no FIR was lodged
and in this regard they had recorded the statement of one chowkidar but
thereafter, they converted the accidental death case into a culpable
homicide case and falsely implicated the accused in this case. It was
argued that there is no cogent evidence to connect the accused with the
alleged incident and he has been falsely implicated in this case. It was
argued that PW12 in his deposition deposed that one Gopal had told him
that injury was caused by the accused but prosecution failed to bring said
Gopal in the witness box without any reasonable explanation. It was
argued that the testimony of PW12 is based on the information provided by
one unknown Gopal, thus no reliance can be placed on his testimony.