Calcutta High Court (Appellete Side)
Sonu Das vs State Of West Bengal on 6 January, 2025
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
Sl. No. 56
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
And
The Hon'ble Justice Gaurang Kanth
C.R.A. 55 of 2023
with
CRAN 1 of 2023
Sonu Das
-Vs-
State of West Bengal
For the appellant : Mr. Shabbir Ahmed, Adv.
Mr. Apalok Basu, Adv.
Mr. Subhankar Chakraborty, Adv.
Ms. Ruchira Manna, Adv.
For the State : Mr. Saibal Bapuli, ld. APP
Mr. Santanu Deb Roy, Adv.
Heard On : 06.01.2025
Judgment on : 06.01.2025
Joymalya Bagchi, J. :-
1.The appeal is directed against judgment and order dated 10.01.2023 and 11.01.2023 passed by learned Additional District and Sessions Judge, Fast Track Court-II, Raiganj, Uttar Dinajpur in Sessions Case No. 821 of 2014 corresponding to Sessions Trial No. 20 of 2015 arising out of Raiganj Police Station Case No. 275 of 2014 dated 23.03.2014 convicting the appellant for the offence under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous 2 imprisonment for life and with fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months more.
Prosecution Case :
2. Prosecution case as levelled against the appellant is as follows :
3. Appellant is the son-in-law of the deceased. He was unemployed and used to demand money from his mother-in-law and wife. On the fateful day the appellant with his wife and minor child came to his mother-in-law's residence. He demanded money from his mother-in-law but the latter refused. Appellant started beating his wife and tried to snatch away the nine month old child. Mother-in-law intervened and pushed her daughter and the child inside the room to save them.
Appellant entered the room and hit his mother-in-law repeatedly on the head with an iron spade. Thereafter he fled away and the victim was shifted to Raiganj S.D. Hospital where she expired.
4. Her daughter (PW 3) lodged written complaint at the police station resulting in registration of Raiganj Police Station Case 275 of 2014 dated 23.03.2014 under Section 302 of the Indian Penal Code. In course of investigation appellant was arrested. Owing to his inhuman assault on a defenceless lady resulting in her death, local people were outraged. They assaulted the appellant. He was admitted to hospital. On his showing, iron rod was recovered from his residence. Charge- sheet was filed and charge was framed under Section 302 of the Indian Penal Code.
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5. During trial prosecution examined fifteen witnesses to prove its case. Defence of the appellant was one of innocence and false implication. In conclusion of trial learned trial Judge convicted the appellant and sentenced him, as aforesaid.
Evidence on record :-
6. PW 3 (Sikha Das) is the wife of the appellant. She is the eye- witness and de facto complainant. She deposed on 23.03.2014 around 3 / 3.30 P.M. she along with her husband and child had gone to her parental home. Appellant was unemployed and used to assault her whenever her mother did not give him money. On the relevant day he again assaulted her and tried to snatch away her nine month old child. His mother-in-law intervened and pushed them inside the room to save them. At that time appellant entered the room and dealt several blows on her mother's head with an iron rod. As a result her mother suffered bleeding injury on the head. She screamed and local people assembled at the spot. Appellant fled away. Her mother was taken to Raiganj S.D. Hospital where she died on the same day. PW 3 lodged written complaint which was scribed by PW 14 (Sukamal Das).
7. PWs 5 and PW 15 are the medical witnesses.
8. PW 15 (Dr. Kalishankar Bhattacharya) treated the victim at Raiganj District Hospital. He deposed victim was admitted as an indoor patient with torrential bleeding from the scalp and homeostasis was done. Patient was given conservative treatment and was taken to the operation theatre for repairing scalp injury. At 5.20 P.M. on the same 4 date, the patent was declared dead. Her body was sent for post-mortem examination. He proved the bed head ticket marked as Ext.-11.
9. PW 5 (Dr. Sukhdeb Barman) is the post-mortem doctor. He proved the post-mortem report marked as Ext.-3. He found fracture injury all over the scalp and forehead. He opined death was due to extradural haematoma under the fracture of occipital bone which is ante mortem in nature.
10. PW 12 (Pulak Kumar Das), Officer-in-Charge was posted at Raiganj Police Station as SI. He proceeded to investigate the case. He recorded the statement of PW 3. He went to the place of occurrence, prepared rough sketch map with index, marked as Exbt.-8. He held inquest over the dead body of the deceased at the hospital. He seized the wearing apparels and other articles collected from the hospital. On 31.05.2014 appellant was arrested. He was assaulted by local people. He was medically treated by PW 13. On the showing of the appellant iron made 'shabol' was recovered from the dwelling house. He proved the seizure list. He sent the articles for FSL examination. He submitted charge-sheet.
Analysis and findings :
(a) Is the eye-witness (PW 3) reliable?
11. Mr. Ahmed, learned Counsel for the appellant submits PW 3 is an unreliable witness. PW 14 the scribe of the FIR had opined he had heard PW 3 and the appellant had assaulted the victim. Victim's husband had not been examined.
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12. I have given anxious consideration to Mr. Ahmed's submissions. PW 3 had accompanied her husband i.e. the appellant and minor child to her parental home. She did not state her father was present when the incident occurred. Only her mother was present. Appellant was unemployed and used to assault her when her mother refused to pay money. On that day he demanded money but her mother refused to pay. Appellant started assaulting her and tried to snatch away her nine month old child. Her mother intervened and pushed them inside the room. Appellant did not stop at that but chased them into the room and assaulted her mother repeatedly with an iron rod on her head. Her mother suffered bleeding injuries and fell at the spot. Appellant fled away.
13. PW 3's deposition has a ring of truth. She narrates the unfortunate cruelty she was suffering at the hands of the appellant husband. Appellant used to assault her whenever her mother refused to pay money. On the fateful day, he demanded money and when she refused he assaulted her. He even tried to snatch away the child. At this stage, the helpless mother-in-law intervened and was brutally assaulted with an iron rod. Manner and circumstances in which the brutality and deadly assault was perpetrated on a defenceless lady is clearly portrayed by her daughter (PW 3). FIR was promptly lodged by her and substantially corroborates her deposition in court. Failure to mention appellant had demanded money on the relevant date is a minor 6 omission which does not run counter to the contents of the FIR which resonate with its maker's deposition in court.
14. Ranjit Raha (PW 8) is the scribe of the FIR. Mr. Ahmed has lached on to a solitary statement in his deposition that he heard both PW 3 and the appellant had assaulted the mother. I do not attach any importance to this hearsay version. Had the scribe heard the involvement of PW 3 in the assault, it would have found place in the FIR itself. That apart, PW 8 is a reported witness and does not even disclose the source from where he had heard this fictitious version maligning PW 3, the most vital eyewitness of the prosecution.
15. In light of the aforesaid discussion, I am of the opinion PW 3 is a wholly reliable eyewitness to the incident.
(b) Medical evidence corroborates the eyewitness :-
16. Medical evidence on record i.e. PW 15 and post mortem doctor (PW 5) corroborate the manner in which the appellant repeatedly assaulted the victim on the head with an iron rod as narrated by PW 3. PW 15 who treated the victim noted torrential bleeding from her scalp. He deposed the victim was taken to operation theatre for scalp surgery. However, she did not survive and expired at 5.20 PM on that day.
17. PW 5, post mortem doctor opined he found lacerated injuries all over scalp and forehead. He opined death was due to extradural haematoma under the fracture of occipital bone which is ante mortem in nature.
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18. Medical evidence, therefore, corroborates the prosecution case and leaves no doubt in one's mind it was the appellant who repeatedly assaulted his mother-in-law on the head with an iron rod causing extensive lacerated injuries all over the scalp; haematoma and fracture of occipital bone which resulted in her death.
(c) Injuries on the appellant duly explained:-
19. Appellant had fled away and absconded. He was finally arrested on 31.05.2014. In view of his dastardly act of perpetrating brutal assault on a defenceless lady i.e. his mother-in-law the local people were outraged. They manhandled him resulting in injuries. Police forwarded him to Raiganj District Hospital where he was treated by PW
13. Medical papers (Exbt. 10) show injuries were due to physical assault by public.
(d) Recovery of weapon.
20. After his arrest, investigating officer interrogated the appellant. On his showing on 10.06.2014 the iron rod i.e. 'shabol' was recovered from his residence. This incriminating circumstance also corroborates the prosecution case against the appellant.
(e) Alternate argument untenable :-
21. In the alternative Mr. Ahmed contends incident occurred on the spur of the moment due to a sudden quarrel. Appellant was unarmed and had picked up the iron rod from the place of occurrence. He had no intention or motive to commit the murder. Conviction may be altered to culpable homicide not amounting to murder.
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22. It is trite intention of the accused to commit murder may develop at the spot itself. Appellant was a violent person. He used to assault his wife whenever his mother-in-law refused to pay money. On the fateful day, being similarly rebuffed, he started assaulting his wife and tried to snatch away her nine month old child. To protect her daughter and grand daughter, victim pushed them inside the room. At that stage, appellant entered the room and repeatedly assaulted the defenceless lady on the head with an iron rod. The fact that the appellant assaulted the victim lady on a vital part of the body i.e. head and that too repeatedly with an iron rod clearly discloses his intention to commit murder. Medical evidence proves extensive lacerated injuries all over scalp including haematoma and fracture in occipital bone. Theoretical opinion that such injury may be accidental is of little consequence in face of consistent and clear deposition of the eyewitness. Conclusion :
23. In these circumstances, I am unable to accept that the appellant did not have the intention to cause bodily injury which the offender knew is likely to cause death of the victim and falls within second clause of Section 300 of the Indian Penal Code. The victim lady was defenceless. She tried to protect her daughter and grandchild from the appellant. Appellant took advantage of her state and acted in a cruel and inhuman manner by repeatedly assaulting her on the head with an iron rod. In this factual backdrop, he cannot take advantage of the 9 fourth exception to Section 300 of the Indian Penal Code and plead his culpability be reduced to culpable homicide not amounting to murder.
24. For the aforesaid reasons, I uphold the conviction and sentence of the appellant.
25. Appeal is accordingly dismissed.
26. In view of the above, connected application is also dismissed.
27. Period of detention suffered 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.
28. Let a copy of this judgment along with the trial court records be forthwith sent down to the trial Court at once.
29. Photostat certified copy of this judgment, if applied for, shall be made available to the appellant upon completion of all formalities.
I agree.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.) sdas