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2013 Supreme(Cal) 809
High Court of Judicature at Calcutta
JAYANTA KUMAR BISWAS & SUBAL BAIDYA, JJ.
Prasun Datta
Versus
The State of West Bengal
CRA No. 682 of 2008
Decided On : 17-12-2013
For the Appellant:Sudipto Moitra, Debasish Kar, Shymal Deb, Advocates.
For the Respondent:Manjit Singh, Public Prosecutor, Navanil De, Advocate.
Headnote:
CRIMINAL LAW - Murder - Conviction - Appeal - Ingredients of offence - Dying declaration - Admissibility - Appreciation of evidence - Circumstances proved by prosecution - Appellant's defence - Held, in the instant case, the appellant caused the bodily injuries to the victim with the intention to kill the victim. Therefore, what is to be examined is whether the evidence proves that the appellant caused the bodily injuries to the victim; and if so, whether he caused them with the intention to kill the victim or with the knowledge that they were sufficient to cause the victim’s death.
Fact of the Case:
The appellant was convicted by the trial court for the offence of murder under Section 302 of the Indian Penal Code (IPC) for causing the death of his father-in-law. The prosecution alleged that the appellant entered the house of the victim with two other persons, caused injuries on the victim’s abdomen, back, cheek, neck with some sharp thing and hit the victim on the head with some heavy thing with a view to killing the victim. The victim died at the SSKM Hospital on March 10, 2007. The appellant was arrested from his residence on March 10, 2007. The investigating officer’s prayer to add Section 302 was allowed on March 11, 2007. The appellant pleaded not guilty and claimed to be tried.
Finding of the Court:
The court held that the appellant caused the bodily injuries to the victim with the intention to kill the victim. The court relied on the evidence of the victim’s daughter, who stated that she saw the appellant standing in the room with a knife in his hand stained with blood and the victim lying on the floor groaning. The court also relied on the evidence of the victim’s wife, who stated that she saw the appellant fleeing from the room after seeing her. The court further relied on the evidence of the post-mortem report, which stated that the victim died due to the effect of injuries noted above ante mortem and homicidal in nature.
Issues: 1. Whether the evidence proves that the appellant caused the bodily injuries to the victim? 2. Whether the appellant caused the bodily injuries with the intention to kill the victim or with the knowledge that they were sufficient to cause the victim’s death?
Ratio Decidendi: 1. The court held that the evidence proves that the appellant caused the bodily injuries to the victim. The court relied on the evidence of the victim’s daughter, who stated that she saw the appellant standing in the room with a knife in his hand stained with blood and the victim lying on the floor groaning. The court also relied on the evidence of the victim’s wife, who stated that she saw the appellant fleeing from the room after seeing her. 2. The court held that the appellant caused the bodily injuries with the intention to kill the victim or with the knowledge that they were sufficient to cause the victim’s death. The court relied on the evidence of the post-mortem report, which stated that the victim died due to the effect of injuries noted above ante mortem and homicidal in nature.
Final Decision: The court dismissed the appeal and affirmed the conviction and sentence of the trial court.
Jayanta Kumar Biswas, J.
1. The appellant is aggrieved by the judgment of the Additional District & Sessions Judge, Barackpore, North 24 Parganas dated August 21,2008 in ST 3(6)07 convicting him under s.302 IPC and the order of the judge dated August 22, 2008 sentencing him to life imprisonment and imposing Rs.5000 fine, in default to suffer a six-month simple imprisonment.
The FIR No.65 was registered under ss.448/325/326/307/34 IPC at Titagarh police station in Barrackpore sub-division of the district North 24 Parganas on March 7, 2007 at 9.25 p.m. The appellant’s wife, the victim’s daughter, in her written information alleged that because of previous grudge the appellant entered the house of the victim, the appellant’s father-in-law, with two other persons, caused injuries on the victim’s abdomen, back, cheek, neck with some sharp thing and hit the victim on the head with some heavy thing with a view to killing the victim; and that the grievously hurt victim was in a nursing home.
According to the prosecution, the victim died at the SSKM Hospital on March 10, 2007 at 11.45 a.m. The appellant was arrested from his residence on March 10, 2007 at 7.05 p.m. The investigating officer’s prayer to add s.302 was allowed on March 11, 2007. The officer prepared a seizure list showing recovery of a knife on March 12, 2007. The charge-sheet dated April 25, 2007 was submitted under ss.448/302 IPC. The additional sessions judge framed charges under ss.449/302 IPC on June 20, 2007. The appellant pleaded not guilty and claimed to be tried.
Between July 20, 2007 and May 27, 2008 the prosecution examined the following witnesses:– PW1–the de facto complainant ( the victim’s daughter); PW2–a nursing home doctor; PW3–a son of a predeceased elder brother of the victim; PW4–the victim’s wife ( the appellant’s mother-in-law); PW5–wife of a predeceased younger brother of the victim; PW6–a relation of the victim by marriage; PWs 7 & 8–two nephews of the victim; PW9–a police constable; PW10– the nursing home proprietor; PW11–the doctor called in by the nursing home; PWs 12 & 13–two police ASIs; PW14–a witness to the seizure list dated March 12, 2007; PW15–the doctor examining the victim at SSKM Hospital; PW16–the doctor under whose treatment the victim was placed at SSKM Hospital; PW17–the doctor doing the post mortem on the victim; PW18–the investigating officer.
The prosecution exhibited the following documents:– Ex1–written information of the offences dated March 7, 2007; Exs 2 & 3–two seizure lists dated March 7, 2007; Ex4–case history form of nursing home dated March 7, 2007; Ex5–application dated March 7, 2007 to admit the victim to nursing home; Ex6–seizure list dated March 11, 2007; Ex7–nursing home treatment sheet; Ex8– seizure list dated March 12, 2007; Ex9–hospital case report dated March 10, 2007; Ex10–hospital bed head ticket dated March 10, 2007; Ex11–death certificate ; Ex12–post-mortem report dated March 11, 2007; Ex13–rough sketch map of the scene of the crime dated March 7, 2007; Ex14–appellant’s RG Kar Hospital outdoor patients’ ticket dated March 8, 2007; Ex15–appellant’s s.161 statement dated March 12, 2007; Ex16–extract of Titagarh PS GD No.1289 dated March 12, 2007; Ex17–challan of exhibits dated March 15, 2007 sent to FSL; Ex18–FSL report dated September 5, 2007.
The appellant was examined under s.313 CrPC on April 15, 2008. Between May 2, 2008 and May 27, 2008 the appellant examined the following witnesses in his defence:– DWs 1 & 2–two doctors of BNBose Hospital; DW3–the appellant’s younger sister; DW4–the appellant himself. The appellant exhibited the following documents:– ExA–injury report of BNBose Hospital doctor dated March 7, 2007; ExB–referral certificate of BNBose Hospital dated March 7, 2007. The appellant proved his signature(ExC) on the seizure list dated March 12, 2007(Ex8).
Relevant part of examination-in-chief of PW1, Sarmila, is quoted below:–
“For the first four year prior to the incident I have been residi
