SAHEB SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed from the order of conviction and sentence dated 24th August, 2009 and 25th August, 2009 passed by the Additional District & Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad, in Sessions Trial No.27/June/07 arising out of Sessions Serial No.46/07, whereby and whereunder the appellant was convicted and sentenced for the offence committed under Sections 302 & 354 of the Indian Penal Code (IPC). For the offence committed under Section 302 IPC, the accused appellant was directed to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/-, in default, to suffer further S.I. for six (6) months and for the offence committed under Section 354 IPC, the accused appellant was directed to suffer one (1) year rigorous imprisonment. Both the sentences were to run concurrently.

(2.) The case of the prosecution is that the accused appellant on the fated day came to the paternal house of the victim girl where she was staying and sought to outrage her modesty. The said was resisted which led the accused appellant to cause injury to the victim girl by stabbing her in the abdominal region. On hearing a hue and cry, raised by the victim girl, her brother, (P.W.1) and mother who were at the grocery shop at 7.30 p.m. on the fated day rushed to the house and at such time the victim girl told P.W.1, (brother) and her mother that Saheb Sk. son of Akbar Sk. of Balighata had entered the room and tried to commit illegal acts to which when she raised protest, the accused appellant inflicted knife injury on her person and fled away on her raising shout. The victim girl was thereafter admitted to the Sub-Divisional Hospital at Jangipur, where she received treatment and was referred to another hospital for further treatment, but the mother of the victim girl did not want to shift the victim girl from the hospital and therefore she received treatment thereat. On seeing the condition of the victim girl the doctor advised the ward master to inform the police station for taking steps to record dying declaration of the victim girl. A requisition was made and dying declaration recorded by the Executive Magistrate (PW 15), on 18th October, 2005. This was done at 2.30 a.m. on 18th October, 2005 and the victim girl succumbed to injuries on 18th October, 2005 at 2.30 p.m. Thereafter inquest was made and post-mortem conducted. Prior to the death of the victim girl, on 17th October, 2005 at 21.05 hrs. a written complaint was filed by PW 1, (brother) of the victim girl and Raghunathganj P. S. Case No.242 of 2005 was started under Sections 354/326/307 IPC. Investigation was initiated and on completion of investigation charge-sheet was filed under Sections 354 and 302 IPC. The case was then sent for trial to the Sessions Court and therefrom it was transferred to the Court of Additional District & Sessions Judge who transferred the case to the 4th Fast Track Court Jangipur, Murshidabad. Charge was framed under Sections 302 and 354 IPC and the contents of such charge was read over and explained to the accused appellant who pleaded not guilty and sought to be tried. At trial, the prosecution examined fifteen witnesses. Documents were also exhibited and the accused appellant was examined under Section 313 Criminal Procedure Code. On consideration of the oral and documentary evidence the Trial Court passed the order of conviction and sentence dated 24th August, 2009 and 25th August, 2009. Hence the instant appeal.

(3.) Counsel for the accused appellant submits that all the documents in the instant case have been prepared and manufactured after the occurrence of offence. The incident occurred on 17th October, 2005 at 19.30 hrs. The F.I.R. was filed on the same day at 21.05 hrs. by the brother, P.W.1. The victim girl died on 18th October, 2005 at 14.30 hrs. but the I.O. came to know of the demise only on 19th October, 2005. The sketch map which has been prepared by the I.O. (PW-13), is also not correct. This will appear from the evidence of PW-1, who in his cross-examination described the topography of the area where the offence was committed. From a look at the sketch map it will appear that the house of Anuraj Sk. was beside the house of P.W.1 and that of Jainal Sk. was behind the house of P.W.1. But neither Anuraj Sk. nor Jainal Sk. was examined. All the witnesses are related witnesses and the only two independent witnesses are PW-7 and PW-9. PW-7 is a seizure list witness, while PW-9 has been declared hostile. PW-1 in his evidence stated that he and his mother were at the grocery shop and on hearing hue and cry of the victim girl they came to their house i.e., the place of occurrence (P.O). PW-1 has also stated that the grocery shop is visible from their house but the grocery shop owner was not examined. In fact, in the sketch map too the grocery shop and road have not been identified.