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2026 Supreme(Cal) 237

IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY, J.
Sainur Khan And Ors. - Petitioners
Versus 
The State of West Bengal - Respondent
C.R.R. 1435 of 2012
Decided On : 05-05-2026  

Advocates Appeared:
For the Petitioner: Mr. Avishek Sinha
For the Respondent: Ms. Faria Hossain, Mr. Anand Keshari

The testimony of an injured witness carries high evidentiary value as they bear the imprint of the occurrence. Minor testimonial discrepancies and procedural investigation lapses, such as failure to seize weapons, do not invalidate a conviction if the prosecution's core case is established by reliable evidence and medical corroboration.

Headnote:(A) Indian Penal Code, 1860 - Sections 148, 323 and 325 - Conviction for rioting, causing hurt and grievous hurt - Reliability of injured witnesses - Evidentiary value in family factional disputes - Whether procedural lapses in investigation, such as non-seizure of weapons, vitiate the conviction - Held, evidence must be appreciated for its quality, not quantity; injured witnesses carry a special evidentiary status due to injuries sustained at the occurrence. (Paras 48, 51, 56)

(B) Evidence - Appreciation of oral testimony - Discrepancies and contradictions in witness accounts - Natural variations in memory and perception after lapse of time - Impact of counter-cases - Held, cross-cases do not automatically discredit the prosecution case if the testimony is found reliable and supported by medical evidence. (Paras 48, 59)

Facts of the case:
The case involved a conviction for rioting and assault following a physical altercation between kin residing in the same village. The defense challenged the conviction on grounds of delayed registration of the complaint, lack of independent witnesses, non-seizure of weapons by the investigating agency, significant contradictions in witness testimony regarding time and weapon usage, and the existence of a counter-case against the complainants.

Findings of Court:
The Court observed that injured witnesses have a unique status as their physical condition supports their presence at the incident. Mere blood relations or existing animosity does not disqualify witnesses if their testimony remains internally consistent. Minor discrepancies in time and minor sequence details are natural in rural disputes and do not trigger an acquittal. Defective investigation regarding weapon recovery is not fatal to the prosecution when the core case is supported by medical documentation and consistent ocular evidence.

Issues: Whether the conviction for rioting and causing grievous hurt is sustainable in the face of procedural investigation failures and contradictory evidence from interested witnesses in a recurring family dispute?

Ratio Decidendi: Testimonies of injured witnesses possess inherent reliability. Appellate courts should not substitute their view unless the lower court's decision suffers from perversity. Evidence not free from minor discrepancies due to the passage of time does not invalidate the prosecution's case if the identity of assailants and the occurrence of injuries are medically corroborated.

Result: Revision application dismissed; conviction affirmed.

Table of Content
1. overview of case history, criminal charges, and trial proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. defense arguments regarding evidentiary contradictions and procedural lapses. (Para 7)
3. state arguments asserting the reliability of eyewitness and medical testimony. (Para 8)
4. testimonies of prosecution witnesses and cross-examination on factual inconsistencies. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45)
5. court evaluation of evidence and rebuttal of defense challenges. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60)
6. establishment of criminal conduct under sections 148, 323, and 325 ipc. (Para 61)
7. final judicial order and dismissal of the criminal revision petition. (Para 62 , 63 , 64 , 65 , 66 , 67 , 68)

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 suffer simple imprisonment for three months each for the offence punishable under Section 148 of the Indian Penal Code and further sentencing them to suffer simple imprisonment for one year each 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 325 of the Indian Penal Code.

2. The petitioner underwent trial in Sessions Case No.13(3) of 2007 in connection with Sessions Trial No. 06(7) of 2007, which was initiated on the basis of a written complaint lodged to the Officer-in-Charge of Onda Police Station by one Ali Hossain Mondal, inter alia, alleging as follows:-

"that on 11.05.06 at about 8:00 Hrs the petitioners above named being armed with Lathi, Tangi etc attacked the brothers of the defacto complainant as a result of which they suffered several serious bodily injuries; that the petitioners took away stationery goods from the shop of the defacto complainant and one Akbar Ali Mondal."

3. The petitioner stated the aforesaid complaint resulted in registration of Onda Police Station Case No. 30 of 2006 dated 11.05.06 under Sections 147/148/149/323/326/307/379/506 of the Indian Penal Code.

4. After completion of investigation, the investigating agency submitted charge sheet in the instant case against the petitioners under Sections 147/148/149/ 323/326/ 307/ 379/506 of the Indian Penal Code.

5. Charge was framed against the petitioners under Sections 148/149/326/307 of the Indian Penal Code to which the petitioners pleaded not guilty and claimed to be tried.

6. The prosecution in order to establish its case examined as many as 17 witnesses and exhibited certain documents.

7. The Learned Advocate representing the petitioners submitted as follows:-

i. “It is trite law that the conviction given under Sections 323/325/148 of the Indian Penal Code must satisfy the essentials wher

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