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1996 Supreme(Cal) 406
High Court Of Calcutta
S. K. MUKHERJEE, RABIN BHATTACHARYYA
AFZAUDDIN ANSARY - Appellant
Versus
STATE - Respondent
CRIMINAL APPEAL 133 Of 1990
Decided On : 10/08/1996
ARABINDRA GHOSH, SASANKA KUMAR GHOSH
The main legal point established in the judgment is the requirement to prove the guilt of the accused beyond a reasonable doubt, and the benefit of doubt principle in favor of the accused when recognition by witnesses is not established.
Headnote:
Conviction and Sentence - Murder - IPC 302, 149, 323 - The court found the accused guilty of murder and other offenses under the Indian Penal Code. The appeal was filed against the order of conviction and sentence. The case involved a chronic dispute among brothers over landed properties, leading to the murder of Basiruddin Ansari and injuries to his sons. The court analyzed the evidence, including witness testimonies, and found that the prosecution failed to prove the guilt of the accused beyond a reasonable doubt. The court concluded that the witnesses could not recognize any of the accused on the night of the occurrence, leading to the benefit of doubt for the accused. The order of conviction and sentence was set aside, and the appeal was allowed with a direction to set the appellants at liberty.
Fact of the Case:
The case involved a chronic dispute among brothers over landed properties, leading to the murder of Basiruddin Ansari and injuries to his sons. The prosecution presented evidence including witness testimonies and documents, while the accused claimed innocence. The court found the accused guilty, leading to the appeal for reversal of the order of conviction and sentence.
Finding of the Court:
The court found that the witnesses could not recognize any of the accused on the night of the occurrence, leading to the benefit of doubt for the accused. The order of conviction and sentence was set aside, and the appeal was allowed with a direction to set the appellants at liberty.
Issues: The main issue was the recognition of the accused by the witnesses and the sufficiency of evidence to prove the guilt of the accused beyond a reasonable doubt.
Ratio Decidendi: The court's decision was influenced by the lack of convincing material on record to prove the guilt of the accused. The court concluded that the witnesses could not recognize any of the accused on the night of the occurrence, leading to the benefit of doubt for the accused.
Final Decision: The order of conviction and sentence was set aside, and the appeal was allowed with a direction to set the appellants at liberty.
( 1 ) THIS criminal appeal is directed against the order of conviction and sentence passed by the learned Session Judge, Purulia in Session Trial No. 20 of 1989 where the learned court convicted all the accused persons under section 302 mad with section 149 of the IPC. They were also found guilty of the offences having been committed by them under section 323 read with section 149 of the IPC. They were sentenced to surfer life imprisonment, although no separate sentence was passed by the learned court under section 320 read with section 349 of the IPC.
( 2 ) THE appellants, since affected by the decision of the learned court, have preferred the appeal for reversal of the order of conviction and sentence. In order to appreciate the contentions raised by the rival parties, it is worthwhile to give a brief resume of the facts though detailed by the learned court in his judgment.
( 3 ) THE factual exposure, as highlighted by the case of the prosecution, relates to chronic dispute amongst the brothers over the landed properties which, according to the prosecution, snapped off the life of Basiruddin Ansari and the injuries inflicted on his sons for the explosion of bombs. The accused Najimuddin and Basiruddin were born of the some womb, but for the disputes and dissensions since erupted amongst the brothers that forced them to live in separate mess. Basiruddin on the fateful day was sleeping with his wife PW- 1 Taliban in the western side room of their house and for the sultry weather, they left the door ajhar. When the might was proceeding in a meteoric speed silently and when it was close upon 11-30, she woke up from her sleep for the alarm raised by her husband. Surprisingly enough, Afazuddin was found with a knife and Alauddin stood by his side. The situation, according to her, was aggravating.
( 4 ) CAUGHT up with the crisis and in apprehension of danger to his life, she tried to save her husband in vain as she was pushed aside by Alauddin. Both the accused persons did not spare her husband. Afazuddin dealt a knife assault on her husband who was held by Alauddin. She recognized the assailants by the flash of the torches and the burning light of the lamp in the room. She also recognized other accused persons who were on the porch. They also flashed their torches.
( 5 ) HABIB immediately poured in, as he responded to the alarm raised by her mother who could not escape the assault for the explosion of bombs. There were others namely Faruk, Ansari and Ohayeb Ansari who also received injuries for the infliction of bomb assault by some of the accused persons. There were much uproarings when many others of the village rushed in and the accused decamped. Taliban booked the neighbours with the occurrence and the assailants of her husband and relations. Jamaruddin Ansari intimated the Pradhan who in his turn intimated the father-in-law of her son PW-4 Nausad Ansari, He relayed the occurrence over phone to the O. C. of the P. S. which. found its way in the G. D. being the G. D. No. 386 dated 14. 8. 86.
( 6 ) MR. G. S. Shome, the Sub-Inspector of police alongwith force rushed to the spot, recorded the statement of Taliban and took charge of the dead body. He sent the FIR through the Constable No. 17 Subol to the PS for starting a case. Thereafter, he took up investigation of the case, recorded the statements of several witnesses, held inquest over the dead body to be the dead body of Basiruddin, seized the articles under seizure list duly attested by the witnesses, prepared the sketch map of the locale and, thereafter, he removed the injured to the hospital for the treatment.
( 7 ) PW- 17 the autopsy surgeon conducted the post-mortem operation upon the body that was identified by PW-14 Anil in connection with Kashipur P. S. Case No. 4 dated 14. 10. 85,
( 8 ) THE investigating agency on completion of investigation submitted the charge-sheet before the learned SDJM who was duly satisfied that the case is exclusive
