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SHAMPA DUTT PAUL
Kanai Tudu – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J. - The appeal has been preferred against the judgment and order dated 12.08.1996 passed by the Additional Sessions Judge, 6th Court, Midnapore in Sessions Trial Case no. VIII/1992 convicting the appellant for commission of offence punishable under Section 326 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500 in default to suffer rigorous imprisonment for one month more.
2. On 05.10.1989 when Fulmoni Hembram was sleeping with her children in her house and her husband was away for work at village Basantapur, accused Kanai Tudu, on that day at about 1 a.m., along with accused Dhadra Tudu, Kanka Tudu and Hati Hansda entered into the house of Fulmoni and caught hold of her and when she raised alarm, the accused persons tied her mouth with cloth and dragged her to the bank of Gotegeria pukur and assaulted her and left there. Fulmoni again raised alarm. At that time the accused persons again came and accused Kanai Tudu assaulted her on her left leg just below the knee with a small axe, as a result of which she received fracture injury on her leg. Fulmoni also received injury on her left hand,
The need for conclusive evidence to prove the charge under Section 326 IPC and granting the benefit of doubt in the absence of substantiated evidence.
The main legal point established in the judgment is the requirement of proof for the specific elements of each charge under the Indian Penal Code.
Injured witness testimony accorded special status in law, and supporting evidence from medical reports and investigating officer led to the appellant's conviction.
Conviction under Section 307 IPC altered to Section 326 as knife injuries grievous but not life-threatening; contradictions require Section 145 Evidence Act compliance; strained spousal relations dou....
The evidence of an injured witness is accorded special status in law, and their testimony is generally reliable unless substantial contradictions are present. The court emphasized the importance of e....
The duty of the court to assess the evidence, the principles of circumstantial evidence, and the application of relevant sections of the Indian Penal Code were the central legal points established in....
Conviction upheld for grievous hurt under IPC 326, but quashed for attempted murder under IPC 307 due to lack of evidence of intent.
The court reaffirmed that for a conviction under Section 325 IPC, the prosecution must strictly prove the nature of injuries as defined in Section 320 IPC.
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