SAMIR KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment dtd. 6/4/2016 passed by the Learned Judicial Magistrate, 3rd Court, Krishnagar in connection with GR No. 1561 of 2008 which was affirmed by the First Appellate Court on 23/12/2016 is in the centre stage of challenge by the revisionist on the grounds, inter alia, that the learned courts below including the First Appellate Court did not consider the materials on record and had unjustly convicted the present revisionist.

(2.) The learned counsel Mr. Ray has submitted that there are several lacuna in the judgment of conviction affirmed by the appellate court. The learned counsel has pointed out that at the top of the written complaint which was marked as exhibit - 4 it is written that the same was made for presentation by hand. Though the maker of it categorically deposed in court that the same was sent to the police station by registered posts, neither the envelop nor the accompaniments, as stated in the FIR, were exhibited before the Learned Trial Court for adjudication. Therefore, it cannot be treated as an FIR. The learned counsel has also submitted that the written complaint was dtd. 21/8/2008. After lodgment of the said complaint the same was dispatched to the Learned Chief Judicial Magistrate, Krishnagar, Nadia on 9/9/2008 i.e. after six days of the lodgment of the said complaint which gives rise to the presumption of embellishment. In this regard, the learned counsel has relied upon several judicial decisions such as Balaka Singh & Ors. Vs. State of Punjab (1975 AIR 1962), Ishwar Singh Vs. The State of UP (AIR 1976 SC 2423).

(3.) The learned counsel has drawn the attention of this court to the deposition of PW10, Bankim Chandra Saha who being the investigating officer of the case has stated in the examination-in-chief that "this is original of the fake certificate standing in the name of Samir Das bearing dtd. 15/5/2001 and serial no. 4260 that I have collected from the C.R.P.F. (marked as exhibit - 12 with objection)". While in his cross-examination he has stated that "I have received the said fake certificate from Deputy Inspector of Police Group Center Durgapur through police constable Sukdeb Dey. Fact that I have not collected any other documents from the office of SDO Krishnagar".