The evidence of the victim, the doctor, and the lawyer's clerks was sufficient to prove the assault, and the technical omissions in the injury report were not fatal to the prosecution case.

ASHIM KUMAR BANERJEE, J:

1. FACTS :-

One Sumitra Devi Ram, widow of late Showbaran Ram, residing at Botanical Garden Collie Quarter, Howrah lodged a complaint with the Officer-in-charge, Howrah Police Station on August 31, 2001. According to the complaint, her daughter Kabita Routh got married with Shyamlal Routh, a class-IV staff of Howrah Municipal Corporation. The couple had a discord resulting litigations in Court. On August 31, 2001 at about 10.30/10.45 a.m. Kabita was approaching Howrah Court. When Kabita was passing through C.S.T.C. garage at Foreshore Road, Shyamlal attacked her. He grabbed her and tried to kill by striking her with a razor. Kabita shouted, people from the neighbourhood came. The miscreants whisked away from the place of occurrence. Pertinent to note, Shyamlal was accompanied by his friends. Kabita rushed to the Howrah General Hospital where she was treated. Sumitra came to search Kabita in Court. Her advocate told her that Kabita was admitted in Hospital. She rushed to the Howrah General Hospital where Kabita narrated her the incident in detail. Sumitra got engaged in arranging proper treatment for Kabita. Hence, she was little delayed in lodging the FIR. FIR was lodged at about 10.05 p.m.

2. CHARGE :-

On the basis of the complaint lodged by Sumitra the Police arrested Shyamlal and charged him for an offence punishable under Section 304 read with Section 34 of the Indian Penal Code. Shyamlal was charged along with an unknown person said to be his companion.

3. PROSECUTION WITNESS :-

PW-1 (Sumitra Devi Ram) :-

Sumitra was a resident of Kuli Line, Botanical Garden, Howrah. Her daughter Kabita was married to Shyamlal. They used to reside at Bagdipara, Shibpur. Trouble started after the marriage. Kabita filed a maintenance case in Howrah Criminal Court. She left her marital home and started living with Sumitra. On December 31, 2001 maintenance case was fixed in Court. Hence, Kabita was going to Court when she was attacked by Shyamlal and his friends. Sumitra got such belated information and rushed to Court. She reached Court at 4.00 p.m. Sunil Mondal, Sunil Das and other persons accompanied her. When she reached Court she was informed by the lawyer and his clerk that Kabita had been admitted in Hospital. She went to the Hospital and met Kabita when Kabita narrated her the incident in detail. In cross-examination Sumitra admitted having discord between Kabita and Shyamlal since after three months of marriage. Shyamlal was a widower having two children.

PW-2 (Sunil Mondal) :-

Sunil was a neighbour of Sumitra. He corroborated Sumitra with regard to the subject incident.

PW-3 (Kabita Routh) :-

Kabita was the victim of the incident. Shyamlal had two daughters by his first wife and both of them were grown up. Shyamlal married for the second time with Kabita. After three months of marriage they had quarrel between themselves. Kabita left her marital place. Infact, she was driven away. She started staying with her mother. On the fateful day, his maintenance case was fixed before the learned Magistrate. When she was passing through Foreshore Road, Shyamlal attacked her. His companion caught hold of her hands when Shyamlal dealt a blow on her neck by a razor. She sustained severe cut injury. She tried to stop bleeding by the end of her sari and approached the Court. She stated everything to her advocate and his clerk, then she was sent to the Howrah General Hospital, female ward where she was treated. She faced a rigorous cross-examination, however, could not be shaken.

PW-4 (Abhijit Datta) :-

Abhijit was a lawyer of Howrah Court. Kabita was her client. One revisional application was pending before the learned District Judge. It was fixed on the fateful day for hearing. Kabita came to Court in connection with the said case when she was attacked by her husband. Kabita soon after sustaining injury approached her Sheristha and then she was taken to the hospital. In cross-examination, Abhijit produced her case di