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2024 Supreme(Cal) 963
IN THE HIGH COURT AT CALCUTTA
Tirthankar Ghosh, J.
Saidul Sk. @ Babu and others – Petitioner
Versus
The State of West Bengal & Anr. – Respondents
C.R.A. 312 of 2019
Decided On : 19-08-2024
Advocate Appeared:
For the Appellant : Mr. Usuf Ali Dewan, Mr. Asif Dewan
For the Respondent: Mr. Debasish Roy, Ld. P.P., Ms. Sreyashee Biswas
IMPORTANT POINT
The testimony of injured witnesses is given special status in law, establishing their reliability unless substantial contradictions arise.
Headnote:
Criminal - IPC - Sections 448, 325 - The court discussed the provisions of IPC Sections 448 and 325, interpreting the gravity of the offenses and the role of the accused in the assault, leading to a conviction based on the testimonies of injured witnesses.
Fact of the Case:
The case involves an assault on a complainant's wife by multiple accused, resulting in serious injuries and loss of eyesight. The incident arose from a prior altercation involving the complainant's son, leading to a violent confrontation at their home.
Finding of the Court:
The court found that the testimonies of the injured witnesses were credible and consistent, despite minor discrepancies, affirming the conviction of the accused for their roles in the assault.
Issues: The main issues were the credibility of witness testimonies, the delay in lodging the FIR, and the involvement of each accused in the assault.
Ratio Decidendi: The court emphasized that the testimony of injured witnesses carries significant weight and should be relied upon unless major contradictions are present, which was not the case here.
Result: The appeal is partly allowed; sentences modified for some accused while affirming convictions.
JUDGMENT :
Tirthankar Ghosh, J.
1. At the inception, learned advocate for the State, submits a report which was directed to be submitted before this court for ascertaining the genuinity of the death certificate in respect of the appellant/Nektar Sk. The officer-in-charge of Bhagwangola P.S., Murshidabad, has, on an enquiry, affirmed that the appellant has expired on 27th of March, 2021. To that effect, a report has been submitted. Let the same be kept with the record.
2. Accordingly, as submitted earlier, learned advocate for the appellant no.3 i.e., Nektar Sk. do not intend to proceed with the appeal, as the same is abated on the death of the appellant. As such, the appeal is proceeded against Saidul Sk. (appellant no.1), Mithun Sk. (appellant no.2), Rejaul Sk. (appellant no.4) and Tanjura Bibi (appellant no.5).
3. The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 16.04.2019 and 17.04.2019 passed by the learned Additional Sessions Judge, First Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No. 10 (March), 2016 arising out of Sessions Serial Case No. 09 of 2016, wherein the learned trial court was pleased to hold the appellants guilty and sentenced them as follows:
i) For the offence under Section 448/34 of the IPC – Saidul Sk., Mithun Sk., Nektar Sk, Rejaul Sk and Tanjura Bibi are sentenced to suffer simple imprisonment for three (03) months;
ii) For the offence under Section 325/34 of the IPC – Saidul Sk. and Tanjura Bibi are sentenced to suffer R.I. for five (05) years and fine of Rs.10,000/- i.d., R.I. for six months;
iii) For the offence under Section 325/34 of the IPC – Mithun Sk., Nektar Sk. and Rejaul Sk are sentenced to S.I. for six months.
4. Bhagwangola P.S. Case No. 359 of 2013 dated 10.10.2013 was registered for investigation on the basis of a complaint submitted by Sobur Ali against Saidul Sk., Mithun Sk., Nektar Sk., Rejaul Sk. and Tanjura Bibi under Sections 448/325/326/307 of the IPC. The allegations made in the written complaint addressed to the Officer-in-charge, Bhagwangola Police Station were to the effect that the complainant’s son (aged about 14 years) was sitting at a tea stall of the locality near his house, when Mithun Sk started an altercation with him. Thereafter, Mithun Sk assaulted his son by inflicting fists and blows and also abused and threatened him. Complainant’s son returned home and complained to his wife regarding the incident, when his wife, Amina Bibi went and asked the accused regarding the assault being inflicted on his son, when the accused along with others entered into a verbal altercation with his wife. Sensing trouble his wife returned home. Then the accused persons being armed with bamboo, henso and brick bats entered their house encircled and physically attacked her. The accused persons were assaulting her with fists and blows and also with bamboo stick when accused Saidul Sk., all of a sudden, with a brick bat struck at her right eye causing serious bleeding injury over her right eye and nose. At that time, Mithun Sk. with henso aimed at the neck of Amina Bibi but fortunately she escaped from being inflicted and raised alarm when local people rushed at the place of occurrence and the accused persons ran way threatening to murder her. The complainant’s wife Amina Bibi was taken to Kanapukur Hospital from where she was referred to Lalbagh S.D. Hospital, wherefrom she was referred to Berhampore Hospital and finally she was shifted to NRS Medical College and Hospital, Kolkata. The complainant stated that his wife/Amina Bibi was under treatment and was also in a critical condition, as such there was delay in lodging the complainant. He requested the police authorities to take necessary steps against the accused persons.
5. On the basis of the aforesaid letter of complaint the present case was registered with Bhagwangola P.S. and the same was endorsed by the officer-in –charge of the said police station to Sub-Inspector Bibekanand
