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2024 Supreme(Cal) 876
IN THE HIGH COURT AT CALCUTTA
Tirthankar Ghosh, J.
Mithu Sk. - Appellant
Vs.
The State of West Bengal - Respondent
CRA 732 of 2019
Decided On : 05-08-2024
Advocate Appeared:
For the Appellant : Ms. Benazir Hasna, Ms. Puja Goswami, Mr. Aliul Islam
For the State : Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakraborty
IMPORTANT POINT
The court established that culpable homicide requires a direct link between the accused's actions and the victim's death, considering intervening factors like medical treatment.
Headnote:
Conviction - Culpable Homicide - IPC Sections 304, 325 - The court interpreted the provisions of IPC regarding culpable homicide and the necessity of establishing direct causation between the accused's actions and the victim's death, ultimately convicting the appellant under Section 325 instead of Section 304.
Fact of the Case:
The appellant was convicted for causing the death of the victim after inflicting a blow with a wooden stick during a picnic, leading to severe injuries and eventual death after several days in the hospital.
Finding of the Court:
The court found inconsistencies in witness testimonies but upheld the core evidence that the appellant inflicted a vital blow, leading to the victim's injuries, while also considering the delay in medical treatment as a contributing factor to the death.
Issues: Whether the appellant's actions directly caused the victim's death and whether the charge under Section 304 was appropriate given the circumstances.
Ratio Decidendi: The court concluded that while the appellant's actions were culpable, the delay in medical treatment significantly contributed to the victim's death, warranting a conviction under Section 325 instead of Section 304.
Result: The appellant is convicted under Section 325 of IPC with the sentence reduced to time already served.
JUDGMENT :
Tirthankar Ghosh, J.
1. The present appeal has been preferred against the Judgment and order of conviction and sentence dated 27.11.2019 and 28.11.2019 passed by the learned Additional Sessions Judge, 1st Court, Lalbagh, Murshidabad in Sessions Trial No. 01(02)2016 arising out of Sessions Serial No. 310 of 2015 thereby convicting the appellant under Section 304 part II of Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.5000/- i.d., to suffer rigorous imprisonment for three months.
2. Murshidabad P. S. case No. 47 of 2013 dated 28-01-2013 was registered for investigation under sections 341/326/307 of IPC pursuant to an information submitted by Samsunehar Bibi against Mithu Sk, the accused. The allegations in the written complaint were to the effect that the informant on 26th January, 2013 at about 9 am had been to Roshnibagh beside the village for picnic, but as he did not return till 10 p.m, she along with other relations went in search for him and found that his son Nur Alam Sk. was lying in an unconscious state at the floor of the picnic spot. There was bleeding from his nose and there was big swelling behind his head.
3. The victim was taken to Lalbagh hospital in unconscious condition. Later she came to know from Rajesh Sk. that a dispute arose at the picnic spot between his son/victim and the accused, Mithu Sk., as a result when her son was taking meal, at that time the accused inflicted a fatal blow at the back side of her son’s head with a wooden stick with the motive to kill him which resulted in the bleeding from his nose and losing senses. The doctors of Lalbagh hospital referred him to Berhmapore hospital and as there was no improvement of his condition, he was sent to NRS Hospital, Kolkata on 27th January, 2013.
4. On the basis of the aforesaid complaint, Murshidabad P. S. Case No. 47 of 2013 dated 28-01-2013 was registered for investigation against the accused under Sections 341/326/307 of IPC and the case was assigned to Sub- Inspector of Police, Sri Asit Pramanik (PW-11) for investigation. The Investigating Officer after taking up the investigation in view of the changed circumstances prayed for addition of Section 304 Part II of the Indian Penal Code after the death of the victim, Nur Alam Sk. and on conclusion of investigation submitted charge-sheet under Section 304 of IPC. The case was thereafter committed to the Court of sessions and finally the proceedings along with the records of the case were transmitted to the learned Additional Sessions Judge, 1st Court, Lalbagh, Murshidabad. The learned trial Court on or about 5th February, 2016 framed charges under Section 304 of IPC. The contents of the charges were read over to the accused to which he pleaded not guilty and claimed to be tried.
5. The prosecution in order to prove its case relied upon 12 witnesses which included PW-1, Samsunehar Bibi, complainant and mother of the deceased; PW-2, Rajesh Sk. villager who attended the picnic; PW-3, Niarul Islam, scribe of the FIR; PW-4, R. Singh, S. I of Police who conducted the inquest ; PW-5, Akkas Sk, is the step brother; PW-6, Dr. Molly Banerjee, Demonstrator attached with the forensic medicine who conducted the post mortem and prepared the report; PW-7, Dr. Sourav Chattopadhaya, who conducted post mortem examination; PW-8, Din Mahammad, father of the deceased; PW-9, Mokarim Sk, brother of the deceased who was present at the picnic ; PW-10, Rima Bewa, wife of the deceased; PW-11, Investigating Officer; PW-12, Ayesh Sk., co-villager of the deceased.
6. PW-1, Samsunehar Bibi in her examination-in-chief before the Court deposed that on 26th January, 2013 at about 4 pm, Mithu Sk. told his son to go for a picnic to be held at Roshnibagh which was 1 km away from her house and her son accompanied him for attending such picnic. At about 7 pm one Rajesh and Imran brought her son to her house and at that time she found that her son was in an unconscious stat
