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2017 Supreme(Cal) 240
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
DEBASISH KAR GUPTA, MOHD. MUMTAZ KHAN, JJ.
Ananta Kamilya - Appellant
Versus
State of West Bengal - Respondent
C.R.A. No. 8 of 2013
Decided On : 14-03-2017
Advocate Appeared:
For the Appellant : Mainak Bakshi
For the Respondent: Ranabir Roy Chowdhury
The main legal point established in the judgment is the importance of direct evidence in connecting the accused with the murder, as well as the relevance of corroborating evidence from eyewitnesses and medical experts.
Headnote:
I.P.C. - Murder - Section 302 - 304/34 - 313 of the Cr.P.C. - 324 I.P.C. - [Summary of Acts and Sections: The court discussed the provisions of Section 302 and 304/34 of the Indian Penal Code, as well as Section 313 of the Cr.P.C. and referred to the decision in Anwarul Haque v. State of U.P. (2005) 10 SCC 581. The court also highlighted the relevance of direct evidence in connecting the accused with the murder.]
Fact of the Case:
The appellant appealed against a judgment and order of conviction for the commission of an offence punishable under Section 302 of the Indian Penal Code. The case involved the assault and subsequent death of the deceased person, with the appellant being one of the accused.
Finding of the Court:
The court found that the prosecution's case was based on the evidence of eyewitnesses and medical experts, and the findings of the trial judge did not require interference. The court also emphasized the importance of direct evidence in connecting the accused with the murder.
Issues: The issues included the presence of the appellant at the place of occurrence, contradictions in the evidence of eyewitnesses, and the seizure of the weapon of offence.
Ratio Decidendi: The court emphasized the importance of direct evidence in connecting the accused with the murder, and highlighted the relevance of corroborating evidence from eyewitnesses and medical experts. The court also referred to the settled principle of law that the requirement of motive becomes academic when there is direct evidence to connect the accused with the murder.
Final Decision: The appeal was dismissed, and the judgment, together with the lower court's records, was to be sent back to the learned Court below expeditiously.
Debasish Kar Gupta, J.
1. This appeal is preferred by the appellant against a judgment and order of conviction dated September 27, 2012, and sentence dated September 28,2012, passed by the learned Additional District & Sessions Judge, 1st Fast Track Court, Contai, Purba Medinipur in Sessions Trial No.42/September/2006 arising out of G.R. (E) 06 of 2005 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for a further period of one month.
2. The facts of the case in a nutshell are as under:-
A written complaint was submitted by one Ganesh Chandra Kamilya (PW1) of village-Makrampur, police station-Pataspur, District-Purba Midnapur on January 2, 2005 at 10.15 hours.
3. According to the above written complaint, on December 25, 2004 at 8/9 O'clock in the morning the father of PW 1 namely, Srikanta Kamilya was repairing his blacksmith workshop and cow-shed at his residence. Suddenly, the appellant along with Rampada Kamilya and Smt. Arati Kamilya arrived at that place and assaulted him on his head with a bamboo stick. PW 4 (widow of the deceased person) went to rescue her husband. Accused Arati Kamilya assaulted PW 4. The father of PW 1 became senseless. PW 1, PW 2 and PW 3 took his father to Pataspur police station where from he was removed to Pataspur Public Health Centre. The deceased person was shifted to Egra Hospital for better treatment and thereafter he was transferred to Midnapur (Paschim) Hospital. Subsequently, the deceased person was further transferred to P.G. Hospital, Kolkata. As per advice of the doctors, the deceased person was further removed to Ramchandra Bhanja Medical College, Cuttack, Orissa for treatment. He breathed his last on January 1, 2005 at Ramchandra Bhanja Medical College, Cuttack, Orrissa.
4. Inquest examination was conducted over the dead body of the deceased person at SCB Cuttack Neurosurgery Bed no.2, Ramchandra Bhanja Medical College, Cuttack, Orissa by the local police with reference to Mangalabag U.D. Case No.1 dated January 1, 2005. The dead body was identified by PW 1. After conducting post mortem examination Dr. P. Mahanti, Assistant Professor of Forensic Medicine and Toxicology of Ramchandra Bhanja Medical College, Cuttack, Orrissa (PW 9), prepared post mortem report of the dead body of the deceased person on January 1, 2005 at 14.30 hours in the aforesaid hospital. According to the opinion of PW 9, the cause of death was sustaining of injuries on head by blunt object which were ante mortem in nature and sufficient to cause death.
5. A formal FIR bearing Pataspur P.S. Case No.01/2005 was registered on January 2, 2005 at 10.15 hours after making G.D. Entry No.59 of 2005 initiating a case against Ananta Kamilya (appellant), Rampada Kamilya, Paresh Roy and Smt. Arati Kamilya for commission of offence punishable under Section 304/34 of the I.P.C. Sub Inspector Joydev Sasmal (PW 8) attached to Pataspur P.S. was entrusted with the investigation of the case.
6. On receipt of the charge of investigation PW 8 went to the place of occurrence prepared rough sketch map of the place of occurrence along with index. One bamboo stick was recovered from the place of occurrence. In course of investigation the appellant and Smt. Arati Kamilya were arrested. Charge sheet against the appellant, Smt. Arati Kamilya and Rampada Kamilya was submitted by the I.O. for commission of offence punishable under Section 302/34 of the I.P.C. showing accused Rampada Kamilya as absconder.
7. Charge was framed on December 18, 2006 against the appellant, Smt. Arati Kamilya and Rampada Kamilya for commission of offence punishable under Section 302/34 of the I.P.C. by committing murder of Srikanta Kamilya in furtherance of their common intention.
8. After considering oral evidence of 9 prosecution w
