Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 612

IN THE HIGH COURT AT CALCUTTA
Ananya Bandyopadhyay, J.
Manu Let & Ors. – Appellants
Versus
The State of West Bengal – Respondent
C.R.A. 338 of 2009
Decided On : 10-01-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr. Subodh Banerjee Mr. Saptarshi Chakraborty Mr. Samrat Banerjee
For the Respondent: Mr. Binay Panda

The prosecution must prove the accused's intention or knowledge to cause death or bodily harm, as required under Section 304 of the Indian Penal Code, and trustworthy and credible evidence is essential in criminal cases.

Headnote:
Indian Penal Code - Assault leading to death - Sections 304/34 - [304/34]
Fact of the Case:

The case involved an appeal against the conviction of the accused for assaulting the victim, leading to his death. The prosecution alleged that the accused assaulted the victim with 'Sabol' and 'Lathi', resulting in fatal injuries.
Finding of the Court:

The court found that the prosecution failed to prove the accused's knowledge or intention to cause the victim's death. It noted discrepancies in witness testimonies and lack of independent evidence to establish the accused's presence at the scene. As a result, the appeal was allowed, and the impugned judgment was set aside.
Issues: The key issues revolved around the credibility of witness testimonies, the presence of the accused at the scene, and the prosecution's failure to establish the accused's knowledge or intention to cause the victim's death.
Ratio Decidendi: The court emphasized the importance of proving the accused's intention or knowledge to cause death or bodily harm, as required under Section 304 of the Indian Penal Code. It highlighted the need for trustworthy and credible evidence, especially in cases involving serious criminal charges.
Final Decision: The appeal was allowed, and the impugned judgment was set aside. The lower court records were directed to be sent back to the trial court for necessary action.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. This instant criminal appeal is preferred against the impugned judgment dated 12.3.2009 and order dated 13.3.2009 passed by the Learned Additional District & Sessions Judge, 1st Track, 2nd Court, Rampurhat, Birbhum in connection with Sessions Trial No. 74 of 2002 arising out of Sessions Case No. 45 of 2000, in Rampurhat Police Station Case No. 82 of 1999 dated 19.7.1999, under Sections 304/34 of the Indian Penal Code whereby the accused persons Manu Let, Ananda Let and Panchu @ Panchanan Let were convicted being guilty of the offence punishable under Sections 304/34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for 7 years along with a fine of Rs. 5000/- each and in default to undergo imprisonment for 6 months more.

2. The prosecution case precisely stated that on 19.7.1999 the de-facto complainant lodged a complaint to the Officer-in-Charge of Rampurhat Police Station alleging that the accused appellants assaulted the victim Balaram Let with “Sabol” and “Lathi” at Village – Kusumba and sustained bleeding injuries on his head and fracture on his hand. Thereafter the victim was shifted from the P.O. to Rampurhat Sub-Divisional Hospital for treatment and eventually he expired.

3. On the basis of the aforesaid complaint, Rampurhat Police Station Case No. 82 of 1999 dated 19.7.1999 was initiated under Sections 304/34 of the Indian Penal Code.

4. After completion of investigation, charge-sheet was submitted against the appellants on 22.02.2000 for the commission of offence under Section 304/34 of the Indian Penal Code.

5. Subsequently, charge was framed against the appellants for the commission of offence under Sections 304/34 of the Indian Penal Code to which the appellants pleaded not to be guilty and claimed to be tried.

6. In course of trial the prosecution examined 13 witnesses and exhibited certain documents.

7. The Learned Advocate for the appellants submitted as follows:

i. The PW-1 de-facto complainant Mahamaya Let deposed that on 20.8.2007 Panchanan Let, Manu Let, Daru Let and Ananda Let assaulted her husband at random with “Sabol” and “Lathi”. Panchanan Let and Manu Let assaulted on the head of Balaram Let with “Sabal” while Daru Let and Ananda Let assaulted her husband with “Lathi”. Due to such assault her husband sustained bleeding injury on his head and fracture on his left hand. She had witnessed the incident directly. Other villagers including Bhajahari Let, Jatai Let, Pankaj Let and also witnessed the incident. The villagers assembled and shifted her husband in injured condition to Rampurhat Sub-Divisional Hospital by Trolley Rickshaw of Bhajahari Let. She had accompanied her husband to the hospital. Her husband expired during treatment. The information of such death of her husband in the hospital was reported to the police from the hospital. Subsequently two police officers came to the hospital and interrogated her and recorded her statement. Thereafter she went to the Police Station at Rampurhat and submitted the written complaint in respect of the incident. The wearing apparels of her husband at the time of the incident got blood stained. She had shown them to the police and police had taken the same. She was married to Balaram Let for the second time. Prior to that, she was married to Ravi Let of Village Mallarpur. Ravi Let expired, but during his lifetime the marital tie between PW-1 and Ravi Let severed and she had married for the second time. At the relevant time her sons Pankaj Let and Palash Let were working in the field of her village. Her husband was alive during treatment and the information of his injuries during the incident was reported to the police from the hospital and the police had seen her husband on the bed while she was also sitting by his side. She had narrated the fact of the entire incident to the police. Police wrote the same and had taken her signature thereon. The other accused persons were the relatives of Manu Let.

ii. The PW-