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2006 Supreme(Cal) 802
High Court Of Calcutta
ALOK KUMAR BASU AND PARTHA SAKHA DATTA, JJ.
SANJAY SONKAR - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. R. A. 5 Of 2005
Decided On : 12/19/2006
M.M.Verma, Minoti Gomes, Nilima Verma, PUNAM VERMA, SAMIR CHATTERJEE, SEKHAR BASU
The prosecution must prove beyond reasonable doubt the involvement of the accused in the crime charged, and the testimony of eyewitnesses must be carefully scrutinized to ensure its reliability.
Headnote:
CRIMINAL APPEAL - SECTION 302/34 IPC AND SECTIONS 3 AND 5 OF THE EXPLOSIVE SUBSTANCES ACT - FACTUAL ISSUES - RELIABILITY OF WITNESS TESTIMONY - TIME OF OCCURRENCE - MEDICAL EVIDENCE - IDENTIFICATION OF ACCUSED - BOMB EXPLOSION RESULTING IN DEATH - INTERPRETATION OF EVIDENCE - CONVICTION AND SENTENCE - APPEAL.
Fact of the Case:
Sanjay Sonkar and Mahabir Singh were convicted under Section 302/34 of the IPC and Sections 3 and 5 of the Explosive Substances Act for the bomb explosion that killed Sew Sankar Misra. The appellants challenged their conviction and sentence in separate appeals.
Finding of the Court:
The High Court allowed the appeals, holding that the prosecution failed to prove beyond reasonable doubt the involvement of the appellants in the bomb explosion and the resulting death of Sew Sankar Misra.
Issues: 1. Whether the prosecution proved beyond reasonable doubt the involvement of the appellants in the bomb explosion and the resulting death of Sew Sankar Misra. 2. Whether the trial court erred in relying on the testimony of certain prosecution witnesses.
Ratio Decidendi: 1. The High Court held that the prosecution's case was based on the testimony of eyewitnesses who claimed to have seen the appellants throwing the bomb, but that their testimony was unreliable due to inconsistencies and contradictions. 2. The High Court also noted that the time of the occurrence, as stated by the eyewitnesses, was contradicted by the testimony of the officer-in-charge of the police station who was the first to arrive at the scene. 3. The High Court further held that the medical evidence supported the conclusion that the victim died from injuries sustained in the bomb explosion, but that this did not prove the involvement of the appellants.
Final Decision: The High Court allowed the appeals and set aside the conviction and sentence of the appellants.
( 1 ) SANJAY Sonkar @ Drum with Mahabir Singh faced charges under Section 302/34 of the IPC and also under Sections 3 and 5 of the Explosive Substances Act in connection with sessions Trial No. 1 of 2004 arising out of sessions Case No. 24 of 2002 before the learned Additional Sessions Judge, Fast track Court, Bichar Bhaban, Kolkata and after conclusion of trial, both Sanjay Sonkar and Mahabir Singh were convicted under section 302/34 of the IPC as well as under sections 3 and 5 of the Explosive Substances act and they were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- each in default to suffer rigorous imprisonment for two years each under Section 302/34 of the IPC and they were also sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs. 1000/- each in default to suffer rigorous imprisonment for six months each for the offences under Sections 3 and 5 of the Explosive Substances Act.
( 2 ) SANJAY Sonkar preferred Criminal appeal No. 5 of 2005 challenging his order of conviction and sentence and at the time of hearing of the appeal preferred by Sanjay sonkar, it has been brought to our notice that Mahabir Singh another convict of the self same trial has also preferred Criminal appeal No. 88 of 2006 challenging his conviction and sentences and we have taken that appeal of Mahabir Singh also for disposal along with the appeal preferred by sanjay Sonkar since both the appeals arose out of the same judgment.
( 3 ) SRI Pratul Chandra Sarkar, the then s. I. Posta P. S. receiving an information on 14-10-2000 about serious injury of an unkown person due to bomb explosion in front of 'ram Bhandar' at 276, Rabindra sarani near Ganesh Talkies at 21. 52 hours recorded G. D. Entry No. 1399 and left with his force towards the place of occurrence. Pratul Chandra Sarkar on his arrival in front of 'ram Bhandar' met O. C. Jorabaga P. S. and also A. S. I. Bidyut Kr. Gupta and came to learn that an unkown person was found lying in front of 'rarn Bhandar' with serious bleeding injuries on his person due to explosion of a bomb and O. C. Jorabagan P. S. already removed the said injured person to the hospital through constable Suresh prasad Singh and Nirmal Singh of Jorabagan P. S.
( 4 ) PRATUL Chandra Sarkar on his return to Posta P. S. by recording G. D. Entry No. 1409 started a case against the unknown miscreants and thereafter he was given charge of investigation of the said case by o. C. Posta P. S.
( 5 ) S. I. Pratul Chandra Sarkar on 15th october, 2000 recorded the statement of constable Suresh Prasad Singh, constable bhubaneshwar Singh, constable Ashok Kr. Natta and constable Nirmal Singh of jorabagan P. S. and came to learn that riding on a motorcycle Sanjay Sonkar and Mahabir singh came near 'ram Bhandar' and mahabir Singh threw a bomb at 'ram bhandar' which exploded and as a result of that explosion Sew Sankar Misra was seriously injured and later he succumbed to his injuries in the hospital. 5. 1 P. W. 25 Syed Akbar Ali subsequently took over investigation of the case and on perusal of evidence collected by Pratul chandra Sarkar and himself, he submitted charge sheet against both Sanjay Sonkar @ drum and Mahabir Singh under Section 302/34 of the IPC and also under Sections 3 and 5 of the Explosive Substances Act.
( 6 ) THE learned Trial Judge, after framing charges against both the appellants, called upon the prosecution to examine its witnesses and the prosecution side examined as many as 25 witnesses of whom P. W. 1 Bidyut Kr. Gupta A. S. I. of Police, P. W. 2 Suresh Prasad Singh constable of jorabagan P. S. , P. W. 3 Bhubaneshwar singh Constable of Jorabagan P. S. , P. W. 7 ashok Kr. Natta constable of Jorabagan P. S. , P. W. 14 Nirmal Singh constable of jorabagan P. S. , P. W. 17 Ashim Kr. Ghosh o. C. Jorbagan P. S. , P. W. 24 Pratul Chandra sarkar S. I. Posta P. S. and P. W. 25 Syed akbar Ali S. I. Posta P. S. are important witnesses
