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2019 Supreme(Cal) 483
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
SHIVAKANT PRASAD, J.
Swarajit Patra & Others - Appellant
Versus
State of West Bengal & Another - Respondent
Criminal Revision No. 2651 of 2018
Decided On : 23-05-2019
Sekhar Kumar Basu, Rajdeep Majumder, Diptangsu Basu, Pritam Roy, Kriti Mehrotra, Rana Mukherjee, Debjani Sahu, Advocates.
The evidence of the victim and other witnesses, minor discrepancies in the evidence, and the delay in forwarding the FIR to the Magistrate did not undermine the prosecution's case.
Headnote:
Indian Penal Code - Assault - Sections 341/324/326/379/34 - The court affirmed the judgment and order dated 29.8.2018 passed by Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia, in Criminal Appeal No. 06 of 2018 modifying the judgment dated 15.01.2018 passed by Judicial Magistrate, 5th Court, Krishnanagar, Nadia in connection with Kotwali P.S. Case No. 1142/12. The accused persons were convicted under Sections 341/326/34 of the Indian Penal Code and sentenced to suffer simple imprisonment for one month for the offence under Section 341/34 and to suffer rigorous imprisonment for three years for the offence under Section 326/34. The court found that the evidence of the victim and other witnesses corroborated the prosecution's case, and discrepancies in the evidence were minor and did not undermine the prosecution's case. The court also held that the delay in forwarding the FIR to the Magistrate did not adversely affect the prosecution case.
Fact of the Case:
The victim was assaulted and stabbed by the accused persons while returning home. The accused forcibly took money from the victim and stabbed him, causing severe injury. The victim was admitted to the hospital in critical condition.
Finding of the Court:
The court found the accused persons guilty based on the evidence of the victim and other witnesses, and affirmed the judgment of the lower courts. The court held that discrepancies in the evidence were minor and did not undermine the prosecution's case. The court also held that the delay in forwarding the FIR to the Magistrate did not adversely affect the prosecution case.
Issues: The issues included the credibility of the prosecution witnesses, the delay in forwarding the FIR to the Magistrate, and the discrepancies in the evidence.
Ratio Decidendi: The court relied on the evidence of the victim and other witnesses to establish the guilt of the accused persons. The court also held that minor discrepancies in the evidence did not undermine the prosecution's case. Additionally, the court held that the delay in forwarding the FIR to the Magistrate did not adversely affect the prosecution case.
Final Decision: The court affirmed the judgment and order dated 29.8.2018 passed by Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia, in Criminal Appeal No. 06 of 2018 and dismissed the revisional application. The accused persons were directed to surrender before the Court and serve out the sentences.
JUDGMENT :
1. In this revisional application three petitioners/accused persons have challenged the judgment and order dated 29.8.2018 passed by Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia, in Criminal Appeal No. 06 of 2018 modifying the judgment dated 15.01.2018 passed by Judicial Magistrate, 5th Court, Krishnanagar, Nadia in connection with Kotwali P.S. Case No. 1142/12 (G.R. Case No. 4288/12 under Sections 341/324/326/379/34 of the Indian Penal Code, 1860 thereby convicting the petitioners/accused persons under Sections 341/326/34 of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month for the offence under Section 341/34 of the Indian Penal Code and to suffer rigorous imprisonment for three years and fine of Rs. 10,000/- each in default to suffer rigorous imprisonment for another six months for the offence punishable under Section 326/34 of the Indian Penal Code with direction that both the sentences shall run concurrently.
2. Prosecution case, in brief, is that on 14.11.2012 at about 10.00 P.M. to 11.00 P.M. when victim Rakesh Garai, the elder brother of complainant Palash Garai was returning home after closing his shop he was way laid by the petitioners/accused persons who restrained him near Ghurni Tarun Sangha Club and physically assaulted him and demanded a sum of Rs. 4,500/- for consuming liquor and when Rakesh Garai declined to accede to their demand, the three accused persons forcibly snatched Rs. 4,500/- from his possession and when he resisted the attempt the accused petitioner No. 1 Swarajit Patra took a knife from the pocket of petitioner No. 2 Somnath Swarnakar and stabbed at the lower abdomen of Rakesh Garai, as a result, he sustained profuse bleeding injury and intestine prolapsed from his abdomen due to severe stab injury. The injured was immediately admitted in District Hospital, Nadia in critical and morbid condition.
3. Kotwali P.S. Case No. 1142/12 dated 15.11.2012 under Sections 341/324/326/307/379/34 of the Indian Penal Code was started on the basis of written complaint by Palash Garai and investigation ensued. On completion of investigation, Charge-sheet No. 328/2013 dated 11.4.2013 under Sections 341/324/326/379/34 IPC was submitted by the Investigating Officer. Chief Judicial Magistrate, Krishnanagar transferred the case for trial and disposal to Judicial Magistrate, 6th Court, Krishnanagar, Nadia vide order dated 27.11.2013.
4. Charges under four heads under Sections 341/34, 324/34, 326/34 and 379/34 IPC were framed by the trial Magistrate and prosecution examined as many as nine witnesses to bring home charges against the petitioners.
5. It would appear from the order-sheet of the lower Court record that the case was transferred to the Court of learned Judicial Magistrate, 5th Court, Krishnanagar, Nadia for simultaneous trial with G.R. Case No. 4941 of 2012 pending in the Court of Judicial Magistrate, 5th Court, Krishnanagar, Nadia.
6. After closure of prosecution evidence the accused persons were examined under Section 313 Cr.P.C. to which each of them declined to adduce any defence witness. The defence is one of denial of charges levelled against the accused persons, petitioners herein which emerged from the trend of the cross-examination. After hearing the prosecution and the defence, the learned Magistrate by his judgment dated 15.01.2018 convicted the petitioners for the commission of offence under Sections 341/34, 326/34, 379 of the Indian Penal Code on finding them guilty and upon hearing on the point of sentence, they were sentenced to simple imprisonment for one month for the offence under Section 341/34 IPC and rigorous imprisonment for three years for the offence under Section 326/34 IPC and further rigorous imprisonment for two years for the offence under Section 379 IPC and also sentenced to pay compensation of Rs. 11,500/- against each of the accused persons amounting to Rs. 34,500/- to the victim Rakesh Garai. The convicts were directed to se
