Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA, J.
Sri Biki Mandal @ Biki Mondal S/o Shri Atul Mondal – Appellant
Versus
State Of Assam And Anr - Respondent
Crl.A. 439 of 2019
Decided on : 05-08-2023
Indian Penal Code, 1860 - Sections 307 and 326 - Attempt to murder - Voluntarily causing grievous hurt by dangerous weapons or means – Appeal against conviction - Challenge in this appeal is to judgment and order passed - By impugned judgment, trial court has convicted appellant under Sections 307 and 326 of (IPC) – There are no discrepancies and contradictions in evidence of victim girl. Para 25.
Finding of the Court: Witness has stated in his evidence that while he was present in his shop, he saw a boy attacking a girl with dao - He immediately came to place of occurrence and saw a dao lying on ground and girl was sitting on footpath - Evidence of victim is supported by medical evidence as well as evidence of other independent witnesses - Her evidence inspires confidence – Court is of considered opinion that learned trial court has correctly appreciated prosecution evidence and arrived at a correct finding.
Result: Appeal dismissed.
JUDGMENT :
Heard Mr. A.K. Gupta, learned counsel appearing for the appellant. Also heard Ms. B. Sarma, learned Amicus Curiae representing respondent no.2.
2. Challenge in this appeal is to the judgment and order dated 30.09.2019 passed by the learned Additional Sessions Judge No.2 (FTC), Tinsukia in Sessions Case No.146 (T)/2015. By the impugned judgment, the trial court has convicted the appellant under Sections 307 and 326 of the Indian Penal Code (IPC).
3. The prosecution story is that on 23.11.2014 at about 12 noon, the 24 years old Smti. Leena Rai was going to a Beauty Parlour at Azad Road, Doomdooma. On her way, she was stopped by the appellant who dealt dao blows on her head, back and other parts of the body with an intention to kill her. Leena Rai was immediately shifted to the local hospital and thereafter to a hospital at Dibrugarh for better treatment. The FIR was lodged by Biki Rai, the brother of Leena Rai narrating the aforesaid facts.
4. The doctor’s report pertaining to the injuries sustained by Leena Rai is like this –
BP- 120/80
Pulse- 86 per minute
Chest- Bilateral clear
CVS- S1S2 clear
Type III B Proximo ulna fracture with UlnaR head fracture with multiple extensor cut injury with extensor tendon cut.
5. In order to prove the offences against the appellant, the prosecution side examined as many as 11 (eleven) witnesses including the police investigating officer.
6. On the basis of the evidence on record, the trial court arrived at the impugned finding.
7. I have carefully gone through the prosecution evidence.
8. The witness Leena Rai has stated in her evidence that the appellant first requested him to go with him and when she refused to go with him, he attacked her with the dao. She has stated that initially she was taken to Doomdooma Civil Hospital and thereafter to Assam Medical College & Hospital, Dibrugarh. According to Leena Rai, she was even taken to Sanjivani Nursing Home for specialised treatment.
9. In her cross-examination, she has stated that she did not know the people who resided near the place of occurrence.
10. The witness Biki Rai is the brother of the victim Leena Rai. After receiving the information about the occurrence, he rushed to Doomdooma Civil Hospital to see his sister and from her he came to know that it was the appellant who attached her with a dao.
11. In his cross-examination Biki Rai has stated that at the relevant time occurrence, he was attending his shop and at about 1 P.M., he came to know about the occurrence. According to Biki Rai, the distance between his shop and the place of occurrence is about 7 kms.
12. The witness Biman Barman has stated in his evidence that on the day of occurrence between 1 P.M. to 1.30 P.M. he was in his residence. At that time, he heard hue and cry out side of his house. Out of curiosity he came out of the house and saw that in front of the entrance gate of residence, a girl was lying in an injured state. According to Biman Barman, one Sunti arrived there and tied the head of the girl with a towel. Biman Barman has stated that the girl was immediately rushed to the Doomdooma FRU. Biman Barman further disclosed that he came to know from other people that the person who caused injuries to the girl had surrendered in a police station. Biman Barman has stated that some time later, police arrived there and seized one dao and he put his signature in the seizure list.
13. In his cross-examination Biman Barman has stated that he had not seen the occurrence where the girl was attacked with a dao.
14. The witness Kumud Medhi has stated in his evidence that at the relevant time of occurrence while he was riding his motorcycle, he noticed a gathering of persons near his house and saw a girl with multiple bleeding injuries. Kumud Medhi has stated that he also noticed a person who was sitting at a distance of about 7-8 feet from the girl and somebody told this witness that the said person
Evidence of stamped witness must be given due weightage as his presence on place of occurrence cannot be doubted.
The testimony of injured witnesses holds significant evidentiary value, and their accounts should not be dismissed without compelling reasons, especially when corroborated by medical evidence.
The evidence of an injured witness is accorded special status in law, and their testimony is generally reliable unless substantial contradictions are present. The court emphasized the importance of e....
Inconsistencies in witness testimonies can create reasonable doubt, leading to acquittal in criminal cases.
The injured eye-witness testimony holds great evidentiary value and should be relied upon unless compelling reasons exist to discard it.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
In cases of sexual assault, the victim's testimony can be the sole basis for conviction, underscoring the absence of consent as pivotal in determining guilt.
The judgment emphasizes the importance of assessing the evidence of hostile witnesses, relying on circumstantial evidence, and the duty of the court to search for the truth.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
