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.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. The instant revisional application is preferred against the judgment dated 19th July, 2013 passed by the Learned 2nd Additional District & Sessions Judge, at Howrah in Criminal Appeal No. 31 of 2010, modifying the judgment and order passed by the Learned Judicial Magistrate, 1st Court, at Uluberia, Howrah in connection with Case No. 347C of 2001 and convicted the present petitioners for commission of offences punishable under Sections 323/34 of the Indian Penal Code, 1860 and sentenced them to pay a fine of Rs. 1000/-each, in default to suffer simple imprisonment for one month each.

2. The brief fact of the prosecution case was that on 15.11.2001, the complainant Sanat Kumar Ghorui, S/o-Lt. Panchanan Ghorui of village-Kishorepur, P.O.-Mohisrekha, P.S.-Uluberia, Dist.-Howrah, filed a petition of complaint before the then Learned S.D.J.M., Uluberia to the effect that on 20.10.2001 at about 9 P.M the complainant and the witness no.-1 his elder brother Sankar Ghorui were returning to their house from Kulgachiya market and as soon as they reached at the house of the accused persons near the Tulsiberia More, the complainant and his elder brother found that the accused no.-1, Sanjib Khanra coming towards Kulgachiya market and then they asked him why he and his other family members used filthy language yesterday and the complainant and his elder brother requested the accused person to give up such habit and to deal a good behaviour with them and not to repeat the same again, then the accused person became furious and begun to utter silly words to the complainant and his elder brother and at the same time the accused no.-1 exercised blows on the face, just below the left ear of the complainant for which the complainant received pain and tenderness on his persons, then the witness no.-1 intercepted the accused person from such act and saved the complainant. Thereafter, the accused person ran away to his nearby house and meanwhile all the accused persons rushed to the place of occurrence forming an unlawful assembly with rioting mode armed with lathi, torchlight and brick-bats etc. and they all began to assault the complainant and the witness no.-1. The accused person no.-1 hit the complainant with fists and blows on his face, left ear, backside, chest and on the different parts of the body of the witness no.-1 for which they both received pain and tenderness and the accused person no.-2, Biswanath Khanra hit them with a torch light to their head and accused person no.-3 Sujay Khanra @ Prajib assaulted them with a lathi to their head, backside and other parts of the body for which they sustained severe pain, tenderness and the witness no.-1 received abrasion upon his both right and left elbow joints and below his right eye and right thigh and due to assault the witness no.-1 fell down the earth and then the accused no.-2 bite upon the right thigh and caused bleeding injury and the accused no.-4 and 5. Rekha Khanra and Dipti Khanra put their hand in order to do away the life of witness no.-1 by throttling and the accused no.-1 also used a brick to hit upon the complainant and the witness no.-1 and at the same time the accused persons exercised slaves, blow and kicks to them. The witness saw the occurrence and due to their intervention the lives of the complainant and the witness no.-1 were saved. The matter was duly diarised to the Uluberia P.S. on the same day vide G. D. Entry No.-1106 dated 20/10/2001 and from the P.S. they were referred to Uluberia Sub-Divisional Hospital for medical treatment and they got medical treatment from there. The complainant was under the impression that the police will take proper step and the criminal court was remained close due to Puja vacation and that is why delay was caused to file this case. The complainant further stated that all the accused persons belong to the same family and their house is very close to the bastu land of the witness no.-1 and prior to this occu