Calcutta High Court (Appellete Side)
Krishna Pada Sarnakar vs State Of West Bengal on 14 December, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
Sl. No. 6 IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present:
The Hon'ble Justice Joymalya Bagchi And The Hon'ble Justice Rajarshi Bharadwaj C.R.A. 92 of 2009 Krishna Pada Sarnakar
-Vs-
State of West Bengal
For the Appellant : Mr. Razzak Hossain .. Advocate
For the State : Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Anjan Datta .. Advocate
Heard on : 14.12.2017
Judgement on: 14.12.2017
Joymalya Bagchi, J. :-
The appeal is directed against the judgement and order dated 29th/30th January, 2009 passed by the learned Additional District & Sessions Judge, Fast Track Court No.3, Barasat, North 24-Parganas in Sessions Trial No. 1 (1) 2005 [Sessions Case No. 30 (8) 2004] convicting the appellant for commission of offence punishable under Sections 326/307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more on each count for the offence punishable under Sections 326 & 307 of the 2 Indian Penal Code respectively and with a direction that both the sentences shall run concurrently.
The prosecution case as alleged against the appellant is to the effect that in the night of 16th May, 1992 the victim, Gouri with her younger sister, Lekha Patra and grandmother were sleeping in a room. Around 4:00/4:30 A.M. when their grandmother went outside to respond to nature's call the appellant came into the room and threw water like substance on the face of the victim, Gouri causing burn injuries on her face. The liquid also fell on the hands of Lekha causing burn injuries on her hand. They cried for help and their mother, Parul Patra who was sleeping in the adjoining room came and found the appellant running away from the spot. Local people also assembled and the victim was shifted to the hospital where she was treated for 3/4 months due to acid burn injuries. On the written complaint of Parul, the mother of the victim, criminal case being Basirhat Police Station Case No. 136 dated 16th May, 1992 under Sections 326/307 was registered against the appellant. In conclusion of investigation, charge-sheet was filed against the appellant. The case was committed to the Court of Sessions and transferred to the Court of the Additional District & Sessions Judge, Fast Track Court No.3, Barasat, North 24- Parganas for trial and disposal. Charges were framed under Sections 326/307 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 29th/30th January, 2009 convicted and sentenced the appellant, as aforesaid.3
Learned advocate appearing for the appellant submitted that the incident occured in the early hours of 16th May, 1992 and it was dark outside. Hence, the possibility of identification of the appellant was bleak and he has been falsely implicated in the instant case. He also submitted that evidence of eyewitnesses are unnatural and ought not to be the foundation of conviction in the instant case.
On the other hand, learned Public Prosecutor along with Mr. Anjan Datta, learned advocate appearing for the State, submitted that the evidence of PW2, the victim is corroborated by her mother (PW1) and younger sister (PW3). Other independent witnesses have also corroborated the prosecution case. Medical evidence has corroborated the ocular version of the victim and other witnesses. Hence, the appeal is liable to be dismissed.
PW1 is the victim in the instant case. She deposed that on 16th May, 1992 she was sleeping with her grandmother and younger sister (PW3). At about 4:00/4:30 A.M., her grandmother went out to ease herself. The tube-light in the room was burning. At that time the appellant came to their room with a closed bottle containing oil like substance and threw the liquid on her face. Thereafter the appellant ran away. A portion of the liquid also fell on the hands of her younger sister. She felt terrible burning sensation on her face and was unable to move out of the room. She lost her power of expression. She was moved to Badartala Hospital at Basirhat. Thereafter she was shifted to Medical College & Hospital, Calcutta where she was admitted for 2/3 days. From there she was shifted to Bisadananda Hospital where she was admitted for 3/4 months. Thereafter she was shifted to Padmapukur Nursing Home under the care of Dr. G.D. Mukherjee. From there she was shifted to Repose Nursing Home, Calcutta under the care of Dr. Mrinmoy Nandi. Then she 4 was shifted to Assembly of God Church Hospital under the care of Dr. Shankar Chatterjee. She was operated for 18/19 times by Dr. G.D. Mukherjee, Dr. Mrinmoy Nandi and Dr. Shankar Chatterjee. She went to Vellore for treatment. She filed documents relating to her treatment. Her right eye was fully damaged and her left eye was half damaged. Her face lost its original shape due to burn injuries. The appellant had given a proposal to her to marry which she refused. Her marriage had been fixed elsewhere. For the said reason, the appellant tried to kill her by throwing acid on her face.
In cross-examination, she stated that she is a student of Basirhat college. She has 3/4 friends. She stated that her grandparents are goldsmiths. She denied the suggestion that any acid was kept in the house of a goldsmith. She denied that there was any dispute over partition of any property between her family members.
PW3, Lekha Patra is the younger sister of the victim. She deposed that in the night of 16th May, 1992 she along with her elder sister, Gouri and her grandmother were sleeping in the room. Around 4:00/4:30 A.M. her grandmother went to ease herself outside the room and the tube-light was burning in the room. At that time hearing a sound and woke up and saw the appellant entering their room and throwing some water like substance on the face of her elder sister, Gouri. Her elder sister started shouting. A portion of the substance also fell on her hand. Her mother came from another room. At that time the appellant ran away. Para people also came there. Her elder sister was taken to Badartala Hospital, Basirhat and thereafter to Medical College & Hospital, Calcutta. She showed the injury on her left arm to the court. She stated that she was also under treatment.5
PW1 is the mother of the victim and the de-facto complainant in the instant case. She has corroborated the evidence of her daughters and has proved the written complaint lodged by her with the police station (Exhibit-1).
PW4, Jagadish Roy is a neighbour. He deposed that on 16th May, 1992 at about 4:00/4:30 A.M. he was bathing in the river and he found a person like Krishna Pada Sarnakar running through the road. Then he heard shouting from the house of Gouri Sarnakar. He went to the house and found that some water like substance was thrown on the face of Gouri. She was taken to hospital by local people. Later he came to know that acid has been inflicted on the face of Gouri.
PW7 & 8 are local people who came to the house of Gouri soon after the incident and accompanied her to Badartala Hospital, Basirhat.
PW8 & 9 signed on the seizure list.
PW10 & 11 are the medical personnel who treated Gouri.
PW10, Dr. G.D. Mukherjee deposed that he is a private practitioner. He referred Gouri to Central Nursing Home. On 24th May, 1993 he examined Gouri and made the following notings in his prescription :-
1) In May, 1992 history of acid burnt face, neck, ear, chest and both shoulders and arms. Operated before. At present problems are correction of the ectropian left lower eye leap;
2) Loss of right eye vision for corneal opacity and addition of the conjunctiva;
3) Obliteration of canthus and contracture of both sights. Loss of nasal skin and alia of both sides deformed and contracture;
4) Contracture of upper lip of skin loss;
5) Contracture angle of mandible of both sides;
6) Contracted lower lip and chin - oral negotia of lower lip, everted and exposure of teeth, loss of muscle pressure of lower teeth - teeth everted;
7) Scar contracture along the margin of the flap given on neck;
8) Loss of right ear due to burn. It is at present puccard of skin of mass;6
9) Deformed left ear from burn;
10) Contracture deformity along the left anterial axillary fold and left breast is pulled up with contracture deformity.
He stated that injuries were grievous in nature and may cause death.
PW11, Dr. Mrinmoy Nandy performed skin graft on the victim, Gouri. PW12, Dr. Sankar Chatterjee deposed that on 21st March, 2000 he examined Gouri at Assembly of God Church Hospital & Research Centre. He proved the discharge certificate wherein it was written that the patient was admitted in a case of post acid burn contracture of face, left axila, chest and left breast. He proved the discharge certificate (Exhibit-5). He stated that the patient was admitted on 22nd February, 2001 and released after contracture of upper and lower lips which was done on 24th February, 2001. He stated that due to acid burns the entire face of the victim had been changed.
From the aforesaid evidence it appears that the case is one of brutal assault by the appellant, an estranged lover, upon PW2 who had spurned his proposals. She had declined his marriage proposals and her marriage had been fixed with another person. Over such issue in the early dawn of 16th May, 1992, the appellant trespassed into the house of the victim and threw acid on her face in order to kill her. Due to such brutal assault, the victim (PW2) was permanently disfigured and had to be medically treated at various medical institutions for about a decade. Inspite of all medical attention her face remained mutilated forever and she lost sight in one of her eyes. The aforesaid state of affairs has been succinctly narrated not only by the victim (PW2) but has been corroborated by the evidence of her mother (PW1) and her younger sister (PW3). Local witnesses namely, PW7 & 8 who immediately rushed to the spot after the incident have also supported the prosecution case. It has been argued that medical papers relating to 7 her treatment at the local hospital and Medical College & Hospital, Calcutta had not been produced. I am not inclined to give much credence to such remissness in view of clear and convincing ocular version of PW2 with regard to acid burn injuries caused upon her by the appellant. Even PW3 suffered acid burn injuries and the injuries on her hand were clearly visible even when she deposed in court. Failure of the Investigating Agency to produce the treatment sheets of the victim at Badartala Hospital, Basirhat and Medical College & Hospital, Calcutta cannot militate against the prosecution case particularly when the medical papers relating to her treatment at the other medical institutions where she was subsequently treated for a decade since the incident have been produced. It is also pertinent to note that medical papers relating to her treatment at Vellore had been submitted by PW2 in court although the said documents were not proved in accordance with law. It has also been argued that access of the appellant to the room of the victim has not been proved beyond doubt. Evidence of PW2 & 3 show that at the time of commission of offence their grandmother had gone out to ease herself by opening the door. Hence, it was possible for the appellant surreptitiously entering the room of the victim and commit the offence.
In view of the aforesaid discussion, conviction and sentence of the appellant is upheld.
The appeal is accordingly, dismissed.
The period of detention, if any, undergone by the appellant during investigation, enquiry and trial shall be set off against the substantive sentence imposed upon him in terms of Section 428 of the Code of Criminal Procedure.
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The lower court records along with a copy of this judgement be sent down at once to the learned trial court for necessary action.
Photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all formalities.
(Joymalya Bagchi, J.) I agree.
(Rajarshi Bharadwaj, J.) akd