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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Sainur Khan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional application has been filed by the petitioner against the judgment and order dated 28.03.2012 passed by the Learned Additional Sessions Judge, 3rd Court at Bankura in Criminal Appeal No. 21 of 2010 thereby affirming the judgment and order of conviction and sentence dated 31.03.2010 passed by the Learned Assistant Sessions Judge at Bankura in Sessions Case No. 13(3) of 2007 in connection with Sessions Trial No. 06(7) of 2007, arising out of Onda Police Station Case No. 30 of 2006 dated 11.05.2006 thereby affirming the judgment and convicting the petitioners no. 1 to 5 herein under Sections 148/323 of the Indian Penal Code and sentencing them to pay a fine of Rs.1,000/- each in default to suffer simple imprisonment for three months each for the offence punishable under Section 148 of the Indian Penal Code and to pay a fine of Rs.1,000/- each in default to suffer simple imprisonment for three months each for the offence punishable under Section 323 of the Indian Penal Code and convicting the petitioners no. 6 to 8 under Sections 148/325 of the Indian Penal Code and sentencing them to pay a fine of Rs.1,000/- each in default to
The court reaffirmed that for a conviction under Section 325 IPC, the prosecution must strictly prove the nature of injuries as defined in Section 320 IPC.
The reliability of injured witnesses' testimony and medical reports can establish guilt despite inconsistencies and lapses in the investigation.
The evidence of injured witnesses is crucial and can be the basis for conviction, but intent to kill must be established for serious charges like attempted murder under Section 307.
The prosecution must prove charges beyond reasonable doubt; in the absence of direct evidence implicating the petitioner, acquittal is warranted.
Prosecution must establish guilt beyond a reasonable doubt; inconsistencies in witness statements entitle the accused to benefit of doubt.
Failure on the part of the prosecution to explain or disclose the genesis of the offence is also an additional factor which renders the prosecution story a bit doubtful.
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