IMPORTANT POINT
In criminal cases, the prosecution must prove guilt beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.

JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. This criminal appeal is preferred against the judgment and order of conviction dated 18th March, 2009 passed by the Learned Additional Sessions Judge, Fast Track Court, 1st Court, Baruipur, District-South 24 - Parganas in Sessions Trial No. 1(2)06 arising out of Sessions Case No. 91(4)04 convicting the appellant for the offence punishable under Section 323 of the Indian Penal Code and sentencing him to suffer simple imprisonment for six months and to pay a fine of Rs.1,000/-in default, he shall suffer further simple imprisonment of two months.

2. The prosecution case precisely stated one Smt. Jyotsna Debnath, wife of Parimal Debnath of village-Arabinda Pally, Police Station - Canning, District-South 24 - Parganas lodged a written complaint, inter alia, alleging that on 28.02.2002 at about 9.45 hours when she accompanied by her husband were returning home after closing the grocery shop, a young person with the help of Smt. Bijali Roy and Netai Roy assaulted her husband a ‘bhojali’ from the left side on the head of her husband at the junction of P.W.D. Road and Arabinda Pally who sustained bleeding injury and collapsed. She informed the incident to the Canning Police Station and the husband of the de-facto complainant was admitted at Canning Rural Hospital. The accused persons snatched Rs.3,000/-from the husband of the complainant.

3. On the basis of the said written complaint, Canning Police Station Case No. 25 of 2002 dated 28.02.2002 was registered under Sections 326/307/379/120B of the Indian Penal Code against the appellant and others and an investigation ensued.

4. On completion of the investigation, charge-sheet was submitted against the appellant and others under Sections 379/ 307/ 120B of the Indian Penal Code.

5. Charge was framed under Section 307/120B of the Indian Penal Code against the appellant and others to which they pleaded not guilty and claimed to be tried.

6. In order to prove its case the prosecution examined 14 witnesses and exhibited certain documents.

7. A circumspection of evidence of the prosecution witnesses reveals as follows:

(i) PW-1 the de facto complainant recounted in her evidence the narrative of the complaint specifying Pappu, Arun and Bijoli to have assaulted her husband, the victim with ‘bhojali’ with both sides of his belly. The face of Pappu and Arun were covered while that of Bijoli was uncovered. The husband of PW-1 was also assaulted with a rod by the accused Arun on his head. The commotion called for the assemblage of the neighbours of the village at the place of occurrence.

(ii) PW-1 in cross-examination stated the incident of assault to have continued for 15-20 minutes. She failed to rescue her husband from the grasp of the accused persons. Neither any police official nor any other person of the neighbourhood “pally” appeared at the place of occurrence. She named Mrinal Kanti Sarkar, Kalu Mondal, her brother Bablu Mondal and Asim Mondal, her brother-in-law to have accompanied her to Canning Hospital. PW-1 had been the employee of Canning Rural Hospital for 21 years. The victim was attended by doctor Asish Tandon at the hospital. PW-1 did not mention the name of the present appellant Pappu Roy in the complaint.

(iii) PW-1 further stated the accused Bijoli Roy to be a poor lady being the wife of a van puller. PW-1 stated to have a good relationship with the doctor of Cannig Rural Hospital as aforesaid. The blood stained wearing apparels of the victim and that of PW-1 was not produced before the Court.

(iv) PW-2 was the scribe of the complaint devoid of personal knowledge of the incident.

(v) PW-3 a neighbour of the victim stated to have heard a commotion whereby she came out of her house and could not find anybody visible.

(vi) PW-4 was declared hostile by the prosecution on his denial of knowledge of the incident.

(vii) PW-5 a neighbour of the victim exited from his house on a commotion and found the victim Parimal Debnath standing in front of his house who sta