KRISHNA PADA SARNAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 29th/30th January, 2009 passed by the learned Additional District & Sessions Judge, Fast Track Court No.3, Barasat, North 24-Parganas in Sessions Trial No. 1 (1) 2005 [Sessions Case No. 30 (8) 2004] convicting the appellant for commission of offence punishable under Sections 326/307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more on each count for the offence punishable under Sections 326 & 307 of the Indian Penal Code respectively and with a direction that both the sentences shall run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that in the night of 16th May, 1992 the victim, Gouri with her younger sister, Lekha Patra and grandmother were sleeping in a room. Around 4:00/4:30 A.M. when their grandmother went outside to respond to nature's call the appellant came into the room and threw water like substance on the face of the victim, Gouri causing burn injuries on her face. The liquid also fell on the hands of Lekha causing burn injuries on her hand. They cried for help and their mother, Parul Patra who was sleeping in the adjoining room came and found the appellant running away from the spot. Local people also assembled and the victim was shifted to the hospital where she was treated for 3/4 months due to acid burn injuries. On the written complaint of Parul, the mother of the victim, criminal case being Basirhat Police Station Case No. 136 dated 16th May, 1992 under Sections 326/307 was registered against the appellant. In conclusion of investigation, charge-sheet was filed against the appellant. The case was committed to the Court of Sessions and transferred to the Court of the Additional District & Sessions Judge, Fast Track Court No.3, Barasat, North 24- Parganas for trial and disposal. Charges were framed under Sections 326/307 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 29th/30th January, 2009 convicted and sentenced the appellant, as aforesaid.

(3.) Learned advocate appearing for the appellant submitted that the incident occured in the early hours of 16th May, 1992 and it was dark outside. Hence, the possibility of identification of the appellant was bleak and he has been falsely implicated in the instant case. He also submitted that evidence of eyewitnesses are unnatural and ought not to be the foundation of conviction in the instant case.