SWAPAN NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Niranjan Martdal son of Anil Mandal made statement before the police at about 10:55 p.m. on August 4,1983 at Baruipur Hospital that he had left the grocery shop of Haripada Das at about 10:00 p.m. when Swapan Naskar, the appellant, above named, attacked him on; the road with a knife on the left side of his belly. He was removed to Baruipur Hospital with profuse bleeding. He was brought to the Hospital by the Rickshaw of Madan Naskar, the brother of Swapan Naskar, the appellant above named. The doctors at Baruipur Hospital recommended him for Calcutta Hospital considering his precarious condition. He was removed to N.R.S. Hospital at Sealdah where he succumbed to injury.

(2.) The police initially acted on the basis of the complaint made by Niranjan at Baruipur Hospital in presence of Dr. Sampuma Ghosh who treated her at the said Hospital. The police arrested Swapan and charged him under Section 302 of the Indian Penal Code. Fact reveals, in the past Niranjan assaulted Swapan 's mother. He was also compelled to pay fine for such assault in addition to bearing of all expenses for her treatment, by a village compromise (Salish). Hariapada Das, PW-1 being the grocery shop owner deposed that on the fateful day, at about 9:00 p.m., Niranjan had been to his grocery shop. He saw Niranjan having a stab injury on his abdomen. Niranjan was removed to Hospital by the Rickshaw of Madan Naskar. Haripada identified Swapan in Court. In cross-examination, Haripada admitted that in the past, Niranjan had assaulted mother of Swapan. He also deposed that Swapan was not in common mess with Madan. He also deposed as to the penalty being imposed upon Niranjan by village compromise.

(3.) Arabinda Das, PW-2 also a neighbors, came out from his house after hearing hue and cry. He found Niranjan being held by some persons. On enquiry he came to know that Niranjan was stabbed on his abdomen. The injury was wrapped with clothes. Arun Das accompanied the victim to the Hospital. It was dark; Niranjan was being removed on a Rickshaw Van with the help of flashes of torches of the persons accompanying him. in cross-examination he named few persons present at the material time. PW-3 Panchanan Das was also a neighbour. He also corroborated PW-1 and 2. PW-4 Tarun another neighbour was declared hostile. He denied having found Niranjan being stabbed by somebody else. He also denied to have accompanied Niranjan to the Hospital. Another neighbour, Arun Kumar Das being PW-5 was also declared hostile. He also denied to have accompanied Niranjan from the place of occurrence to Baruipur Hospital. He however admitted to have accompanied Niranjan to Nttratan Sarkar Hospital. PW-6, Dr. Sampurna Ghosh examined Niranjan at Baruipur Rural Hospital. She described the injury. She also deposed that the patient had been found conscious. She also stated that the patient had stated to her that on his way from the shop he was stabbed with a knife by Swapan Naskar. She also deposed that the police had recorded the statement of Niranjan in her presence. She also signed the statement as witness. PW-7 Sankar Roy arranged a vehicle for removal of Niranjan from Baruipur Hospital to Nilratan Sarkar Medical College. PW-9, Madan Naskar was declared hostile. He deposed that he did not recollect whether he had taken Niranjan to the Hospital in his Rickshaw Van. PW-12, Anil Mandal was the father of the victim.