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ANANYA BANDYOPADHYAY
Sanat Kumar Ghorui – Appellant
Versus
Sanjib Khara @ Sanjib Kumar Khanrah – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional application has been preferred against the judgment and order dated 19.07.2013 passed by the Learned Additional District Judge, 2nd Court at Howrah, District – Howrah, in Criminal Appeal No. 31 of 2010, modifying the quantum of sentence passed by the Learned Judicial Magistrate, 1st Court, at Uluberia, Howrah in connection with Complaint Case No. 347C of 2001 under Sections 323/144/34 of the Indian Penal Code.
2. One Sanat Kumar Ghorui lodged a written complaint before the Learned Sub-Divisional Judicial Magistrate, Uluberia to the effect that on 20.10.2001 at about 09.00 P.M., he and his brother was intercepted and assaulted by the accused/opposite parties.
3. It was further alleged in the said written complaint that petitioner and his elder brother who is also witness no. 1 in the said case, on the said date of incident while returning from Kulgachia Market, when they reached near the house of the accused persons near the Tulsiberia More the petitioner and his elder brother saw one of the accused namely Sanjib Khanra, alias Sanjib Kumar Khanrah who happens to be the accused no. 1 in the complaint case coming from the oppos
The main legal point established in the judgment is the requirement for cogent evidence and the absence of extraneous considerations in reaching a decision under the Indian Penal Code.
The delay in filing the complaint, inconclusive medical opinion, and contradictions in witness depositions can reduce the gravity of the alleged offence and raise the possibility of false implication....
The main legal point established in the judgment is the reliance on reliable evidence, consideration of the circumstances, and the imposition of appropriate sentences and fines.
Non-examination of Investigating Officer and Doctor does not affect prosecution case in any way where evidence of PWs is credible.
Conviction upheld - Voluntarily causing grievous hurt - X-ray report - Oral evidence of victim matches with medical evidence and injury report has been proved.
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