Back
IN THE HIGH COURT OF CALCUTTA (DB)
Aniruddha Bose and Sankar Acharyya, JJ.
In the matter of Md. Mortuja @ Dulal Momin @ Mortuja Momin - Appellant
Versus
State of West Bengal - Respondent
Criminal Appeal No. 696 of 2009
Decided On : 16-10-2015
For the Appellants :Biplap Mitra and Bijoy Bag, Advocates.
For the State :Subir Banerjee and Jayanta Banerjee, Advocates.
In a criminal appeal, the High Court will re-appreciate the evidence on record and will interfere with the findings of the trial court only if it finds that the trial court erred in appreciating the evidence or that the prosecution failed to prove the case beyond a reasonable doubt.
Headnote:
CRIMINAL APPEAL - SECTION 302, INDIAN PENAL CODE - CONVICTION AND SENTENCE - CONFIRMATION - EVIDENCE - APPRECIATION - PROSECUTION CASE - PROOF BEYOND REASONABLE DOUBT - ACCUSED RIGHTLY CONVICTED AND SENTENCED - APPEAL DISMISSED.
Fact of the Case:
Appellant was convicted and sentenced under Section 302 of the Indian Penal Code for the murder of Md. Ibrahim Sk. The appellant challenged the conviction and sentence on the grounds that the prosecution failed to prove the case beyond a reasonable doubt and that the trial court erred in appreciating the evidence.
Finding of the Court:
The High Court, after re-appreciating the evidence on record, found that the prosecution had proved the case against the accused-appellant beyond a shadow of reasonable doubt. The High Court held that the appellant was rightly convicted and sentenced and dismissed the appeal.
Issues: 1. Whether the prosecution proved the case against the accused-appellant beyond a reasonable doubt? 2. Whether the trial court erred in appreciating the evidence?
Ratio Decidendi: 1. The prosecution proved the case against the accused-appellant beyond a shadow of reasonable doubt. 2. The trial court did not err in appreciating the evidence.
Final Decision: The High Court dismissed the appeal and confirmed the impugned judgment of conviction and sentence of the appellant under Section 302 of the Indian Penal Code.
Sankar Acharyya, J.
This appeal is directed against the judgment dated 15.9.2009 with order of conviction under Section 302, Indian Penal Code (in short I.P.C.) and sentence of rigorous imprisonment for life and to pay a fine of Rs. 3000/- and in default of payment of fine simple imprisonment for three months further. Said impugned judgment has been delivered by learned Additional Sessions Judge, 4th Fast Track Court, Malda in Sessions Case No. 376/07 corresponding to Sessions Trial No. 8/08.
2. The Trial Court framed charge under Section 302, Indian Penal Code (in short I.P.C.) against accused Md. Mortuja alias Dulal Momin charging him that he committed murder to Md. Ibrahim Sk on 31.8.2007 at about 7:30 p.m. at Kaliachawk Chowringhee Road beside New Bharat Bastralaya within P.S. Kaliachawk, District Malda.
3. During trial, the respondent state as prosecution examined as many as 18 witnesses namely Inspector Sagore Chandra Saha as PW 1, de facto complaint Md. Khurshed Ali as PW 2, Md. Hasimuddin (brother of PW 2) as PW 3, Md. Araul Islam as PW 4, Montu Sk as PW 5, Abul Sk as PW 6, Jamu Sk as PW 7, Jahangir Alam (son of PW 2) as PW 8, Md. Zulmat Hossain (son in law of PW 2) as PW 9, Samim Rehana (wife of PW 9) as PW 10, Mohalin Sk as PW 11, Md. Abdul Quddus (nephew of PW 2) as PW 12, Manjur Momin as PW 13, Dr. Debnath Sarkar (autopsy surgeon) as PW 14, A.S.I. Satyabrata Bhattacharya as PW 15, A.S.I. Haradhan Deb as PW 16, S.I. Debobrata Chakraborty as PW 17 and S.I. Narayan Chandra Das as PW 18.
4. In addition to the oral evidence some documentary evidence has also been adduced by the prosecution during trial, seized articles have been marked material exhibits, accused appellant was examined under Section 313, Code of Criminal Procedure (in short Cr.P.C.). After hearing arguments the impugned judgment of conviction and sentence has been delivered by the learned Judge in the Trial Court.
5. The case of the prosecution which was under trial in the Court below is in substance that on 31.08.2007 at 8:45 p.m. PW 2 lodged written First Information Report (in short FIR) at Kaliachawk P.S. to the effect that his son Md. Ibrabim aged about 17 years was stabbed by a knife by the accused (appellant herein) on the left side of his (Ibrahim's) chest and on different parts of the body on 31.08.2007 at about 7:30 p.m. at Kaliachawk Chowringhee More near the New Bharat Bastralaya causing his fatal injuries. He was removed towards Silampur hospital but on the way he died. PW 7, PW 8 and several others saw the occurrence of assault by accused on Md. Ibrahim. They apprehended the accused and handed over him to police with the incriminating knife. PW 3 also accompanied the victim at the time of removing from place of occurrence (in short P.O.) towards hospital. On interrogation of PW 8 the victim told that accused Mortuja was accompanied by some others also.
6. Defence of the accused appellant as appears from the trend of cross-examination of PWs and his answers during his examination under Section 313, Code of Criminal Procedure is denial of the charge against the accused. His specific defence is that the victim himself assaulted the accused by 'Chaku' (knife) and witnessing that fact the victim was chased by public at large and he was assaulted by public causing his injuries and this case has been filed by the inmates and relatives of the alleged victim Ibrahim falsely against the accused.
7. During investigation the Investigating Police Officer (in short I.O.) visited the place of occurrence and drew rough sketch map with index of the topography, held inquest over the dead body of Ibrahim, examined available witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure, seized the incriminating knife, blood stained earth and plain earth from the place of occurrence, wearing apparels of the deceased victim and of PW 7 and PW 8 and of accused under separate seizure lists. I.O. sent the seized blood-stained articl
