NAZRUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against an order and judgment dtd. 21/12/1998 passed by the learned Additional Sessions Judge, Murshidabad, convicting the accused/appellant under Sec. 211 of the Indian Penal Code and accordingly sentencing him to suffer simple imprisonment for one year in Sessions Case No. 100/98.

(2.) Suti P.S. Case no. 47 of 1990 relating to which sessions Case no. 51 of 1992 was the basis, the accused had been stabbed from behind as stated in his written complaint and one Mustafa (PW 2), Israfil (PW 3), Ainal and Monsur (PW 8) were present at that time. It is from the evidence of these witnesses that the petitioner had come to know from them that Sadek Sk. had stabbed him from behind. Police had recorded their statements but all those witnesses turned hostile. Considering the nature of injuries sustained by the complainant Nazrul Islam therein, he was in the hospital for two months. Police had gone and had the complaint written by Nazrul Islam in the hospital. PW 11 in the said case was the Investigating Officer and has clearly stated that PW 2, PW 3, PW 4, PW 5, PW 7, PW 8, and PW 9 had all stated about Sadek Sk. stabbing Nazrul Islam from behind, but they turned hostile in Court. As such Nazrul Islam clearly did not implicate Sadek Sk. falsely. He named Sadek Sk. on the basis of the statements of the witnesses who turned hostile but the Investigating Officer on oath corroborated the said statements of the witnesses recorded under Sec. 161 Cr.P.C.

(3.) On completion of investigation chargesheet was filed. Cognizance was taken. Case was convicted to the Court of Sessions. Charge was framed. During trial the present appellant/convict was examined as PW 1. He corroborated the contents in the written complaint marked Exhibit 1 but thereafter in his evidence he stated that he did not see Sadek Sk. assaulting him and that he later came to know the name of the accused from one of his villagers whose name he cannot recollect.