The court emphasized the credibility of injured witness testimony in establishing guilt under Section 324 IPC, while also asserting the applicability of probation provisions given the nature of the injuries and the delay in proceedings.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. The instant criminal appeal has been filed against the judgement of conviction dated 28.8.2015 passed by the learned Additional Sessions, Judge, 2nd Court, Arambagh, Hooghly in Sessions Trial No. 2(1)11, CIS 004/14 there by passed the order of conviction against the appellant for commission of offences under Section 324 of the Indian penal code and sentencing him to suffer simple imprisonment for two years.

Brief resume of the fact

2. The prosecution case was emanated on the basis of a complaint lodged by the de-facto complainant before the officer in charge of Arambagh Police Station, Arambagh Hooghly on 12 .12.2006, alleging that on that day in the evening at about 7.30 P.M. when Sk. Malek of their village was returning home and reached at Gorpukur More near Alambagh Tirol pakka Road, then the miscreants surrounded him and uttered, filthy languages towards him and threatened him with a dire consequences then Moslem took out a knife and stabbed him. The accused/present appellant had a sharp and deadly dagger like weapon, and the brother of the accused Mukhtar Ali,& anr Sk.Mindu, Sk. Saharab @ Laltu all son of Anwar Ali, and Anwar Ali himself and their servant, attacked Malek with a weapon like knife, Bhijali ,Khur etc. Then Sk. Rejaul , son of late Abdul Karim, the brother of de-facto complainant Sk. Sabar Ali and Manohar Ali, the brother of the miscreant proceeded to save Malek and then the above named miscreants caused severe injuries on his person on his chest and abdomen and at lower portion of abdomen of Manowar Ali, and they all suffered severe bleeding injuries. On seeing such condition, the de-facto complainant and said Rahul Amin, Ajijur Rahman and SK. Rafique and other brought those injured person in critical condition in a Maruti van and out of them one injured Saber Ali was transferred to Bardhaman Medical College and Hospital. It was further mentioned that on the date of the incident early morning the accused Musem assaulted the injured Malek and for that reason, Malek lodged a diary before the Arambagh Police Station. Out of grudge on a pre-planned motive the above mentioned accused persons caused the injuries to all those persons. On receiving such complaint Arambagh P.S case number 213/06 dated 12.12.06 under Section 147/148/149/324/326/307I.P.C started and on completion of investigation, the charge-sheet was submitted against the accused persons.

3. The learned Trial Court after hearing the evidence produced before the court found the present appellant guilty under Section 324 IPC , sentenced him to suffer 2 years imprisonment and passed the order of acquittal in favour of other accused persons. Being aggrieved, thereby and dissatisfied with the order of conviction, the present appeal has been filed.

Submissions

4. The Learned Defence Counsel representing the appellant would submit that the order of conviction passed by the Learned Trial Court is without applying judicial mind and without assessing the evidences and therefore is liable to be set aside. It is his contention that the place of occurrence is different than that is mentioned in the written complaint and the evidence adduced by the de- facto complainant. There is no recovery of offending weapon, but the learned court without having any basis held that the injury suffered by the accused was due to the use of the weapon as alleged and passed such order of conviction. That apart the injury report is silent about the name of assailant. The P.W.5, the injured did not see who stabbed him and the most inter