SUNIL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) APPEAL is directed against the judgment and order dated 23.11.2009 passed by the learned Additional District and Sessions Judge, 1st Fast Track Court, Hooghly, convicting the appellant for commission of offence punishable under Section 326 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - in default to suffer rigorous imprisonment for one year more with a further direction that 75% of the fine, if realised, would be given to P.W. 10, Sonia Hembram.

(2.) THE prosecution case against the appellant is that P.W. 10, Sonia Hembram was working as a day labourer in the agricultural field of the appellant; P.W. 1, the informant, is the elder sister of P.W. 10; the husband of P.W. 10 had deserted her and, hence, she was earning her livelihood as a day labourer; the appellant did not pay her wages and, as a result, P.W. 10 stopped working under him and started working elsewhere; on 26.07.2006, at about 5.30 A.M. when P.W. 10, P.W. 2 and P.W. 9 were working in the field under one Gopal Barik, appellant came there with a Hansua and called P.W. 10; P.W. 10 tried to flee away when appellant struck her on both the legs with Hansua causing severe bleeding injuries; there was a hue and cry and the appellant fled away from the place with Hansua; P.Ws. 2 and 9 with the help of local people shifted P.W. 10 to the District Hospital, Chinsurah where she was admitted for medical treatment for more than six months. She can somehow stand on her leg with help but is unable to work as a day labourer. P.W. 1 lodged written complaint on 05.08.2006, which was registered as Balagarh P.S. Case No. 61 of 2006 dated 05.08.2006 under Sections 341/326/307 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellant under Sections 307/326 of the Indian Penal Code. The case being sessions triable was committed to the Court of Sessions, Hooghly and transferred to the Court of learned Additional Sessions Judge, 1st Fast Track Court, Hooghly for trial and disposal. Charges were framed against the appellant under Sections 307/326 of the Indian Penal Code. The appellant pleaded 'not guilty' and claimed to be tried. Prosecution examined as many as 15 witnesses and exhibited a number of documents to prove its case. It was the specific case of the appellant that he had gone to the place of occurrence with a view to call the P.W. 10 for working under him and the P.W. 10 while fleeing away accidentally fell on the sharp edge of Hansua sustaining severe injuries. In conclusion of trial, the learned Judge by judgment and order dated 23.11.2009 convicted the appellant for commission of offence punishable under Section 326 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - in default to suffer rigorous imprisonment for one year more. By the self -same judgment the appellant was acquitted of the charge under Section 307 of the Indian Penal Code.

(3.) MR . Banerjee, learned Additional Public Prosecutor appearing for the State submitted that the evidence of P.W. 10 is convincing and has been corroborated by the medical evidence of P.Ws. 11 and 13. He submitted that the victim was treated in the hospital for more than six months. He further submitted that P.W. 10 was a destitute lady and was admitted in hospital and, as a result, there was delay in lodging the First Information Report. Such delay cannot shake the credibility of the prosecution case. Accordingly, he prayed for dismissal of the appeal.