Back
High Court Of Calcutta
NRIPENDRA KUMAR BHATTACHARYYA , VIDYA NAND
STATE OF WEST BENGAL - Appellant
Versus
ASHOKE BOSE - Respondent
G. A. 6 Of 1994
Decided On : 02/21/1997
CRIMINAL APPEAL - SECTION 302 OF THE IPC - FACTUAL MATRIX: Deceased Gopa Mitra and Dipa Dutta were returning home after attending a coaching class when they were attacked by the accused, Ashoke Bose. Dipa Dutta witnessed the attack and raised an alarm, while Gopa sustained multiple injuries and later succumbed to them. The accused was apprehended by villagers and handed over to the police. The prosecution presented eyewitness accounts, medical evidence, and material evidence linking the accused to the crime. However, the trial court acquitted the accused due to perceived lapses in the investigation. The State challenged the acquittal, arguing that the evidence on record was sufficient to establish the guilt of the accused.
Fact of the Case:
The prosecution presented eyewitness accounts from Dipa Dutta, Chitra Ghosh (Gopa's sister), Krishna Kumar Dutta (Dipa's brother), Tuka Hazra, Sk. Niyamat Ali, and Sk. Sirajul. Medical evidence from Dr. Pankaj Roy, who conducted the post-mortem examination, confirmed the cause of death as severe hemorrhage and shock resulting from multiple injuries. Material evidence included the seizure of a knife, a bicycle, and a wrapper from the scene of the crime, which were identified by witnesses as belonging to the accused.
Finding of the Court:
The High Court found that the trial court erred in its evaluation of the evidence and failed to appreciate the significance of certain material facts. The court held that the eyewitness accounts were consistent and corroborated each other, despite minor discrepancies. The medical evidence established the cause of death and the nature of the injuries, which were consistent with the use of a sharp weapon like the knife seized from the scene. The material evidence further linked the accused to the crime, as the knife and bicycle were identified as belonging to him.
Issues: 1. Whether the trial court erred in its evaluation of the evidence and failed to appreciate the significance of certain material facts? 2. Whether the prosecution had established a strong case against the accused, despite perceived lapses in the investigation?
Ratio Decidendi: 1. The High Court held that the trial court had erred in its evaluation of the evidence. It pointed out that the eyewitness accounts were consistent and corroborated each other, despite minor discrepancies. The court also emphasized the significance of the medical evidence, which established the cause of death and the nature of the injuries, which were consistent with the use of a sharp weapon like the knife seized from the scene. 2. The court further held that the material evidence further linked the accused to the crime, as the knife and bicycle were identified as belonging to him.
Final Decision: The High Court allowed the State's appeal and set aside the judgment of acquittal passed by the trial court. It directed the learned Sessions Judge, Howrah, to examine the accused under Section 313(1) of the Code of Criminal Procedure and to hear the prosecution and the defense on the basis of materials already on record. The court also directed the Sessions Judge to take necessary steps for surrendering the accused either before him or to the learned Sessions Judge whom he will nominate.
( 1 ) THE State has preferred this Govt. Appeal No. 6/94 against a judgment of acquittal of Ashoke Bose who was an accused in a case under S. 302 of the IPC passed by the learned Additional Sessions Judge, 1st Court, Howrah in S. T. Case No. II (July)/1993.
( 2 ) THE prosecution case, in short, is that Dipa Dutta (P. W. 4) and the victim Gopa Mitra were friends and they were to appear in Higher Secondary Examination in February, 1992. Both of them went to attend the coaching class of Basudeb Banerjee of Ballavbati as usual on 1-2-92 at about 6-30 to 7-00 a. m. and after finishing their study there both of them went to see a fair at Munsirhat. Thereafter they were returning home through the brick built village path of their village Bhursuit Bamunpara at about 10-30 a. m. The said village path runs from west to east from the village Bhursuit Bamunpara and on the western end of that path Munsirhat Panpur Road runs, which is a motorable road. When both of them were proceeding towards their village from the junction of the village path and the Munsirhat Panpur Road they saw Ashoke Bose, the accused, sitting on a culvert of the village path and at that time he had a by-cycle with him. When they came up to 30 cubits from that junction through that village path at that time Dipa Dutta was ahead of Gopa. As they crossed the culvert Ashoke followed them on foot with his by-cycle. As Gopa and Dipa proceeded further Dipa heard a sound of falling of a by-cycle and on looking back she saw Ashoke assaulting Gopa with a knife. She then raised alarm and ran towards her house and in that condition she again looked back and found Ashoke running through the field and Sirajul (P. W. 9) and Niyamat (P. W. 8) of village Bursuit Bamunpara caught him after chase. She then had fallen on the road feeling giddiness. Subsequently she came to know that Gopa had died.
( 3 ) CHITRA Ghosh (P. W. 3), elder sister of victim Gopa, married one Probhat Ghosh of Bursuit Bamunpara. Chitra's are 7 sisters and 1 brother name Snehasis Mitra (P. W. 14 ). Chitra is a School Teacher. On 1-2-1992 at 10-20 to 10-30 a. m. while she was going to attend her school at Munsirhat and came near the Kohinoor Football Club Ground she found from a distance that a person was stabbing another person who was writhing with pain. She then ran to the spot and found Ashoke cleansing his hand marked with blood with a napkin (Gamcha) and Gopa was lying on the ground. She noticed many bleeding injuries on the person of Gopa and she tried to stop the bleeding by pressing the wounds with her hands, but in vain. Ashoke ran through the field and was caught in the field by two persons. She found one by-cycle, one side bag, one knife and one napkin lying at the spot. She also found slippers and wrapper of Gopa. She then took Gopa to the Gabberia hospital with the help of some other persons in a private car.
( 4 ) IN the hospital the doctor examined Gopa and the doctor asked P. W. 3, Chitra Ghosh, how Gopa received those injuries and Chitra narrated the incident to the doctor and also told the doctor that Ashoke Bose of village Dhosa had stabbed Gopa with knife on the brick built village path near the football ground in Village Bamunpara at about 10-30 a. m.
( 5 ) P. W. 19 Dr. Swapan Kumar Majhi examined Gopa at the Gabberia hospital and he deposed about the statement made by Chitra Ghosh. On that date Gopa died in the hospital.
( 6 ) THE incident was witnessed by P. W. 1, Krinshna Kumar Dutta as P. W. 3, Smt. Chitra Ghosh, P. W. 4, Dipa Dutta, P. W. 6, Tuka Hazra and P. W. 8, Sk. Niamat Ali.
( 7 ) P. W. 7, Subhankar Ghosh is a resident of Bhursuit Bamunpara. On the fateful date i. e. 1-2-92 at about 10-30 a. m. when he was at home he heard that Dipa Dutta was crying saying that Ashoke Bose had murdered Gopa Mitra. On hearing this he went to the spot and found Gopa lying on the brick built road near Kohinoor Football Ground having several bleeding injuries on her person
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
