Back
2017 Supreme(Cal) 547
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
DEBASISH KAR GUPTA, MD. MUMTAZ KHAN, JJ.
Mahammad Ali - Appellant
Versus
The State of West Bengal - Respondent
CRA No. 374 of 2010 (Appellate Side)
Decided On : 22-11-2017
Advocate Appeared:
For the Amicus Curiae : Mainakh Bakshi
For the Respondent: Ranabir Roy Chowdhury, ld. Miank Gupta
The intention to cause death, as evidenced by the appellant's actions, justified the conviction under Section 302 IPC.
Headnote:
IPC - Conviction under Section 302 - [302 IPC]
Fact of the Case:
The appellant appealed against the judgment and order of conviction and sentence under Section 302 of the Indian Penal Code (IPC) for causing the death of the victim. The prosecution's case was based on the appellant striking the victim with a shackle, resulting in fatal injuries. The appellant denied the allegations, claiming innocence and false implication.
Finding of the Court:
The court considered the evidence of eyewitnesses, medical reports, and the post mortem examination, finding the appellant guilty of the offence under Section 302 IPC. The court dismissed the appeal and affirmed the conviction and sentence imposed on the appellant.
Issues: Delay in lodging the FIR, discrepancies and contradictions in witness statements, non-examination of witnesses to the inquest, and absence of motive were raised as issues by the appellant.
Ratio Decidendi: The court held that minor discrepancies in witness statements did not affect their credibility, and the delay in lodging the FIR was satisfactorily explained. Omission of the assailant's name in the inquest report and absence of motive were not considered fatal to the prosecution's case. The court also emphasized that the intention to cause death was evident from the appellant's actions, justifying the conviction under Section 302 IPC.
Final Decision: The appeal was dismissed, and the conviction and sentence imposed on the appellant were affirmed.
Md. Mumtaz Khan, J.
Appellant has preferred the instant appeal assailing the judgment, order of conviction and sentence dated July 29, 2008 and July 30, 2008 respectively passed by the learned Additional Sessions Judge, 6th Court, Barasat in Sessions Trial No. 3(2) of 2007 arising out of Sessions Case No. 27(1)2006. By virtues of impugned judgment appellant was convicted for the commission of the offence punishable under Section 302 of the Indian Penal Code (here in after referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one year more with a direction for set off against the sentence of imprisonment under the provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
2. The prosecution case, in brief, is that on February 13, 2003 at about 3.05 p.m. while P.W.1 along with her deceased husband and her son P.W.2 were doing their job in their snack shop situated in front of Bamangachi Railway Station in between the space of Railway line no.2 and 3 then suddenly this appellant struck the victim with a shackle on his back from his backside. They then caught the appellant and the victim caught hold that shackle as a result he also sustained cut injuries on his fingers but appellant managed to fled away therefrom from their grip. P.W.1 then took the victim to Barasat hospital where the doctor declared him dead.
3. P.W.1 then lodged a complaint addressed to the officer-in-charge GRPS Barasat being scribed by P.W.4. On the basis of said complaint P.W.8 started Bongaon GRPS case No. 6/2003 dated February 13, 2003 under Section 302 IPC against the appellant and took up investigation of the case after the case was endorsed to him. During investigation he visited the place of occurrence, prepared rough sketch map, examined the available witnesses including the complainant and recorded their statement under Section 161 Cr.P.C., seized the weapon and offence as also blood stained earth etc. and sent the same to the FSL for chemical examination report and collected the FSL report as also report of the UD Case being UD Case No. 51 of 2003 started at the Barasat P.S. and thereafter on completion of investigation submitted charge sheet against the appellant being No. 17 of 2003 dated September 21, 2003 under Section 302 IPC.
4. Inquest over the dead body of the victim was held on February 14, 2003 at around 11.30 a.m. at Barasat hospital by P.W.9 and thereafter it was sent for post mortem examination and on the same date i.e. February 14, 2003.
5. P.W.7 conducted post mortem examination over the dead body of the victim and during post mortem examination he found (1) abrasion ½'' x ½'' on right half of forehead placed 2'' above right eyebrow, 1'' right from anterior mid-line. (2) One incised wound 3'' x ½'' x muscle placed slightly obliquely from distal interphalangeal joint of left index finger extending on the left palm. On dissection and tracing the tract of the wound it was seen to cut the skin, fascia, muscle and vessel and nerve at the corresponding level. (3) One incised penetrating wound 5 ½'' x 1 ¼'' thoracic cavity deep placed obliquely over left side of posterior chest wall 2 ½'' below the hip of left shoulder, 3'' below the spinous process of C7 vertebrate, 48'' above the left heel, ½'' left from posterior mid-line. On dissection and tracing the tract of the wound it was seen to cut the skin, fascia, muscle, vessel, nerve at the corresponding level to enter the chest cavity in between the left 2nd and left 3rd rib in the way producing a cut fracture on left 3rd rib piercing the intercostal muscle, vessel, nerve, left pleura, upper lobe of left lung, pericardium to finally terminate within the cavity of left atrium of heart making an incised injury 0.5'' x 0.2'' x cavity. Direction of the wound was downwards, forwards and medially. Throacic cavity contained 12 ounce of fluid and cl
