1 IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 309 of 2006 Rajendra Raul -Vs- The State of West Bengal & Ors. For the Appellant : Mr. Prabir Mitra For the State : Ms. Faria Hossain Heard on : 01.04.2024, 19.06.2024, 05.09.2024 Judgment on : 13.05.2025 Ananya Bandyopadhyay, J.:- 1. This appeal is preferred against the judgment and order dated 20.04.2006 passed by the Learned Additional Sessions Judge, 6th Court, Paschim Midnapore in Session Trial Case No.XXIII/August/2004 arising out of G.R. Case No.595/2004 thereby convicting the appellant for the offence committed under Section 325 of the Indian Penal Code and sentencing him to suffer 7 years simple imprisonment and to pay a fine of Rs.1000/- in default to suffer 1 year more simple imprisonment. 2. The prosecution case precisely stated that on 28.03.04 at night 10:30 p.m., the de facto complainant along with her family members went to witness a jatra show at their village. The said jatra show was held on the event of Basanti Puja. From the written complaint it was revealed in the night at 2 11:00 p.m., while the jatra Show was in process, the complainant, was informed by her neighbour of having heard a sound of breaking lock of the house of the de facto complainant, who along with her husband rushed to their house and found the appellant of the same village of the de facto complainant breaking the lock of the door of the house as aforesaid. The complainant and her husband protested against such an illegal act. The appellant assaulted her husband on his head by a “kural” made of iron and further injured his hand resulting bleeding injury on the head and the hand of her husband which nearly hanged out. The de facto complainant cried aloud and the appellant fled. Thereafter, the de facto complainant took her husband to Belda hospital for treatment but considering the seriousness of the injury, the doctor of Belda hospital referred him to Midnapore Sadar Hospital for advanced treatment. 3. On the basis of the said written complaint the police started Belda P.S. Case No.35/04 dated 30.03.04 under Sections 326/307 of the Indian Penal Code. After investigation, the investigating agency submitted charge-sheet against the appellant under Sections 325/307/448 of the Indian Penal Code. 4. In order to prove its case the prosecution examined as many as 11 witnesses and exhibited certain documents. 5. Learned Advocate for the appellant submitted as follows:– i. The complaint was lodged after a lapse of 2 days and no reasonable explanation for such delay was advanced by the prosecution which clearly indicated afterthought and false implication. 3 ii. The prosecution failed to establish the motive of commission of the alleged offence. iii. Both the complainant party and the appellant belonged to the same family with long standing property dispute and the possibility of false implication could not be ruled out. iv. There had been glaring discrepancies in respect the manner of assault and the weapon used for such assault in respect of ocular version and medical version. v. No X-ray report was seized and produced by the prosecution to establish the factum of injury as claimed by the prosecution. 6. Learned Advocate representing the appellant further submitted that:- i. It appeared from the evidence from different witnesses that both the appellant as well as PW-1 i.e., the victim were in a relationship which was not liked by the villagers and over the issue there had been a salish and fine was imposed upon the appellant. ii. It could be very well appreciated there have been bad blood between the PW-7 who was the husband of the victim and the appellant. That might be considered as the apple of discord by and between the appellant and the PW-7. iii. It was the evidence that in fact the occurrence had taken place on a Chatal but not in the house of the victim. The said Chatal was at a distance from the house of the victim and from the place where the jatra was being staged. 4 iv. The offending weapons which had been seized as alleged from the house of the victim had been ruled out by the seizure list witnesses because they say they were made to sign in the seizure list in the Police Station. v. The Investigating Officer did not seize the blood stained earth from the place of occurrence nor did he seize the wearing apparels from the victims and others who got stained with the blood on the wearing apparels while the victim was taken to the hospital. vi. The occurrence took place on 28.03.24 but the F.I.R., was lodged after two days whereas the police station was at a distance of 4kms. vii. The doctor in his cross-examination at a length said this kind of injury might take place on a hard substance. Therefore, in could be inferred from the evidence of PW-7 who stated there had been fight for about half an hour, therefore it was likely that in course of jostling the victim fell on the Chatal and received such injury. 7. The Learned Advocate representing the State submitted that the prosecution was able to prove its case based on corroborative evidence of the prosecution witnesses and the appeal shall be dismissed. 8. A circumspection of evidence of the prosecution witnesses revealed as follows:- i. PW-1 deposed in her evidence that accused Rajendra gave “ku prostab” for five times to which PW-1 did not agree and due to this, there was a salish in their village. In that salish, a fine was imposed upon the accused to the tune of Rs.5,000/-. After the salish, the 5 accused gave “ku prostab” to PW-1. After time, the accused stated that he would see her and her husband. The incident took place two years ago on Sunday in the month of Baisakh. At that time, herself and her husband and two sons went to witness a jatra show at village Gangajamuna. They went to see the jatra show by locking the door of their house. When they went to witness jatra show and when they reached at the place of jatra at that time one Sasankar Dinda came and gave an information that he heard a sound of breaking lock and key of their house. On hearing such news herself and her husband rushed to their house. Distance from place of jatra and her house would be at a walking distance of five minutes. At that time they returned to their house. PW-1 heard sound of breaking lock and key by the accused. It was a moonlit night. At that time, her husband obstructed the accused and raised hue and cry. At that time the accused assaulted her husband with a kural on his head and in his left hand. Due to such assault, her husband sustained bleeding injury and became senseless. At that time PW-8 Khokon and PW-3 Ananta came to her house. Debendra Kaprai and Sasankar Dinda also came to their house and they asked PW-1 who assaulted her husband. At that time, she stated that accused Rajendra Roul after assaulting her husband fled away with the offending kural. Kural had a butt made of bamboo. It was possible for PW-1 to identify the same. The Kural along with bamboo was identified by PW-1`which was marked as Mat Exbt.-I. Thereafter, 6 herself along with others with her husband went to Deuli Hospital. The said hospital was situated near Belda. Thereafter her husband was shifted to Midnapore Hospital and treated there. PW-1 informed the matter to the P.S. after two days of the occurrence of the incident. F.I.R. was written by one Trishna Dey. It was written as per her instruction and in her presence. After writing, it was read over and explained to PW-1 and she put her signature on it. The written complaint was marked as Exbt.-1. In order to kill her husband the accused assaulted him. PW-1 was interrogated by police. ii. During cross-examination, PW-1 deposed at the time of assault by the accused, PW-1 was present and she did not raise any obstruction at the time of such assault on her husband. Only she raised hue and cry. After assault, her husband became senseless. Ananta Bir, Khokan Roul saw that the accused was assaulting her husband. They came after 2/3 minutes on hearing her chitkar. The incident took place at night 11. When they came to her house, they stated that PW-1’s husband was lying on the ground. PW-1 did not file any case against the accused that the accused gave her any “ku prostab”. Accused was her bhasur by relation. The accused had two sons. He had his wife. PW-1’s husband was not an epileptic patient. Debendra Kapri was her younger brother. He was a resident of village Gangajamuna. PW-1 had good relation with PW-2. It was a fact that PW-2, Khokan Roul and Jhareswar Dinda arranged her 7 marriage with Tapan as guardian. It was a fact that the villagers were not agreeable with her marriage with Tapan. PW-1 did not know why the villagers were not agreeable to that marriage. PW-1 did not know whether any case was pending between the accused persons and their family. PW-1 took her two sons who were 5 and 7 years at jatra show. She did not state anything to daktar babu. iii. PW-2 deposed in his evidence that himself and Debendra came to the house of PW-1. On going to the house of PW-1, PW-2 found that husband of PW-1 Tapan was lying with bleeding injury. PW-2 found injury on his head and left hand. He asked PW-1 about the matter. She stated to PW-2 that accused Rajendra assaulted her husband and fled away. There was a salish between the accused person and PW-1 over some matter. In that salish, Rs.500/- was imposed as fine on the accused person for illegal mixing by the accused with PW-1. PW-2 was interrogated by police. Her husband was sent to Deuli Hospital for treatment. iv. PW-3 deposed in his examination-in-chief after 2/3 days of the occurrence police went to the house of accused and arrested him. Accused Rajendra produced a kural from his house and handed it over to darogababu. Darogababu prepared a seizure list in presence of PW-3. He identified his signature in the seizure list marked Exbt.- 2. He also identified his signature in Mat. Exbt.-I. Police labeled his signature in the said Mat. Exbt.-I. PW-3 was interrogated by police. 8 v. PW-4 stated in his evidence himself and his sister Chandani and other villagers took his jamaibabu Tapan to Deuli Hospital for treatment. Deuli Hospital suggested them to move the patient to Midnapore Hospital. They accordingly moved the patient to Midnapore Hospital. At Midnapore Hospital his jamaibabu was admitted as an indoor patient for 2/3 days. After 2/3 days police came to village Sarisa. Police arrested accused Rajendra from him house. Police seized kural by preparing a seizure list. His signature in the seizure list marked Exbt.-2/1. Ananta and Sasanka put their signatures in the seizure list. His signature in the Mat. Exbt.-I identified by him was marked Exbt.-1/2. There was a salish over the matter of “Ku prostab” of the accused to his sister Chandani in their village and a fine of Rs.500/- in that salish. The accused assaulted his jamaibabu out of grudge as a fine was imposed against him in that salish. vi. During cross-examination, PW-4 stated that he went to the place of occurrence and he saw Ananta Bir. PW-4 found Tapan in injured condition in front of the rasta of his house. vii. PW-5 deposed he first attended the patient around 3 a.m. on 29.03.2004. On examination, he found fracture shaft humorous left. He was referred from Belda BPHC. PW-5 advised him some medicines and to Ucast Xray of left arm epitaleral. PW-5 identified the bed head ticket written by their hospital staff in official course of business. Bedhead ticket was preserved in the hospital in official 9 course of business. The treatment sheet of the patient was marked Exbt.-3. Bed head ticket was marked as Exbt.-4. The patient was treated thereafter by orthopaedic surgeon of their hospital. viii. PW-6 deposed he was a medical officer attached to Belda BPHC. On 28.03.2004 one patient known by the name Tapan Roul, s/o- Bhupati Roul of village Gangajamuna, aged 35 years, Hindu, male, was admitted in their hospital at about 11:35 a.m. with a complaint of physical assault by Rajendra Roul on 28.03.2004 at about 11 a.m. At that time the patient was conscious and restless due to severe pain. PW-6 treated him. On examination, PW-6 found injury two inches in length deep upto bone, lacerated margin wound over left frontal parietal region due to hit by lathi. PW-6 found multiple fracture compound over left humorous. The patient was referred to Midnapore Medical College and Hospital on the same day at about 11:50 night as the condition of the patient was serious. The nature of injury might be grievous and final opinion could be given after receipt of report from Midnapore Medical College and Hospital. The referral card was prepared by PW-6 and it was handed over to the patient party. Later police demanded report. PW-6 sent a report to the police on 12.04.2004 as per requisition of police. The injury report was marked as Exbt.-5 and referral card was marked as Exbt.-6. ix. PW-7 stated in his examination-in-chief that Rajendra Raul assaulted him with kural in his head and due to such assault, PW-7 10 sustained bleeding injury in his head. The accused person also assaulted by the wooden handle of the kural in his left hand. At that time, his wife raised a hue and cry. Khokan Raul and Ananta Bir rushed to the place of occurrence. At that time the accused fled away with the offending weapon kural. PW-7 was taken to Belda Hospital accompanied by his wife and other members. PW-7 narrated the fact to the doctor who assaulted PW-7. He was shifted to Midnapore Sadar Hospital. He was treated for more than two months. His wife was present at Midnapore Sadar Hospital for one or two days. His hand was plastered. The accused prior to the incident gave “ku prastab” to his wife, over that matter a salish was held and in that salish a fine was imposed to the accused person to the tune of Rs.500/-. The kural was marked as Mat Exbt.-I. x. PW-8 deposed he heard a shouting of the wife of Tapan. On hearing the shout, he came out from his house and went to the house of Tapan. At that time going there, he found that the accused Rajendra was assaulting Tapan by kural and on seeing him the accused fled away with the kural. When he was coming to the house of Tapan, he found that the accused was assaulting Tapan by a kural on his head and left hand. At that time, Ananta Bir also came to the place of occurrence. PW-4 brother-in-law of Tapan, Sasanka Dinda also came to the house of Tapan. Tapan was shifted to Belda Hospital. He had also seen the bleeding injury on the head of Tapan. It was a moonlit night. There was a salish over the character of Chandani 11 and accused person and in that salish a fine was imposed to the accused person who attended in the salsih requested the accused person not to do such thing. 9. The evidence of the injured witness being PW-7 narrated the injury suffered by him at the instance of the appellant on his head as well as his hand. The de facto complainant and other eye-witnesses narrated the injuries sustained by the victim/PW-7. The evidence of PW-6 being the Medical Officer attached to Belda BPHC described the injury incisively two inches in length deep upto bone, lacerated margin wound over left frontal parietal region which, of course, was sustained by PW-7 being subjected to an assault on the head. Multiple fractures compound noticed on the left humorous indicated the injury sustained by him on his left hand. 10. The ocular evidence aptly corroborated by the medical evidence established the prosecution case disregarding certain inconsistencies which did not affect the crux of the prosecution case. The evidence of PW-1 revealed that the hand of PW-7 was hanging out of a cut, however, contrarily there were multiple fractures on the left humorous which again expressed enormity and severity of the injury. The defence case of an illicit relationship between the wife of the victim and the appellant to have triggered the incident after a salish taking place in the village could not in the facts and circumstances of the instant case reduce or lighten its gravity and intensity. Moreover, the recovery of the offending weapon was produced before the Court. PW-11 the Investigating Officer, after arrest of the appellant, searched his house and after interrogation, recovered the offending weapon in 12 presence of the witnesses as well as the accused person at the instance of the accused and prepared a seizure list. The seizure list was marked as Exbt.-2/2. The seized alamat was identified in Court comprising the offending weapon. 11. In the instant case, the ocular evidence was strengthened by the medical report even more fortified by the recovery of the offending weapon from the house of the appellant in his presence and other witnesses. Disregarding minor inconsistencies due to certain trauma or overzealous on the part of PW-1 which stated the left hand of the victim to be hanging, the prosecution had substantially proved its case and the impugned judgment and order need not be interfered with. However, considering the passage of time, the sentence is modified to the extent of the imprisonment undergone by appellant in custody. 12. Accordingly, the instant criminal appeal being CRA 309 of 2006 is dismissed. 13. There is no order as to costs. 14. The Trial Court records along with a copy of this judgment be sent down at once to the Learned Trial Court for necessary action. 15. Photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all formalities. (Ananya Bandyopadhyay, J.)