SHYAM LAL ROUTH Vs. STATE OF WEST BENGAL

LAWS(CAL)-2010-9-45

HIGH COURT OF CALCUTTA

Decided on September 03,2010

Shyam Lal Routh Appellant

VERSUS

STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) FACTS :- One Sumitra Devi Ram, widow of late Showbaran Ram, residing at Botanical Garden Collie Quarter, Howrah lodged a complaint with the Officer in2 charge, Howrah Police Station on August 31, 2001. According to the complaint, her daughter Kabita Routh got married with Shyamlal Routh, a class-IV staff of Howrah Municipal Corporation. The couple had a discord resulting litigations in Court. On August 31, 2001 at about 10.30/10.45 a.m. Kabita was approaching Howrah Court. When Kabita was passing through C.S.T.C. garage at Foreshore Road, Shyamlal attacked her. He grabbed her and tried to kill by striking her with a razor. Kabita shouted, people from the neighbourhood came. The miscreants whisked away from the place of occurrence. Pertinent to note, Shyamlal was accompanied by his friends. Kabita rushed to the Howrah General Hospital where she was treated. Sumitra came to search Kabita in Court. Her advocate told her that Kabita was admitted in Hospital. She rushed to the Howrah General Hospital where Kabita narrated her the incident in detail. Sumitra got engaged in arranging proper treatment for Kabita. Hence, she was little delayed in lodging the FIR. FIR was lodged at about 10.05 p.m.
(2.) CHARGE :- On the basis of the complaint lodged by Sumitra the Police arrested Shyamlal and charged him for an offence punishable under Section 304 read with Section 34 of the Indian Penal Code. Shyamlal was charged along with an unknown person said to be his companion.
(3.) PROSECUTION WITNESS :- PW-1 (Sumitra Devi Ram) :- Sumitra was a resident of Kuli Line, Botanical Garden, Howrah. Her daughter Kabita was married to Shyamlal. They used to reside at Bagdipara, Shibpur. Trouble started after the marriage. Kabita filed a maintenance case in Howrah Criminal Court. She left her marital home and started living with Sumitra. On December 31, 2001 maintenance case was fixed in Court. Hence, Kabita was going to Court when she was attacked by Shyamlal and his friends. Sumitra got such belated information and rushed to Court. She reached Court at 4.00 p.m. Sunil Mondal, Sunil Das and other persons accompanied her. When she reached Court she was informed by the lawyer and his clerk that Kabita had been admitted in Hospital. She went to the Hospital and met Kabita when Kabita narrated her the incident in detail. In cross-examination Sumitra admitted having discord between Kabita and Shyamlal since after three months of marriage. Shyamlal was a widower having two children. PW-2 (Sunil Mondal) :- Sunil was a neighbour of Sumitra. He corroborated Sumitra with regard to the subject incident. PW-3 (Kabita Routh) :- Kabita was the victim of the incident. Shyamlal had two daughters by his first wife and both of them were grown up. Shyamlal married for the second time with Kabita. After three months of marriage they had quarrel between themselves. Kabita left her marital place. Infact, she was driven away. She started staying with her mother. On the fateful day, his maintenance case was fixed before the learned Magistrate. When she was passing through Foreshore Road, Shyamlal attacked her. His companion caught hold of her hands when Shyamlal dealt a blow on her neck by a razor. She sustained severe cut injury. She tried to stop bleeding by the end of her sari and approached the Court. She stated everything to her advocate and his clerk, then she was sent to the Howrah General Hospital, female ward where she was treated. She faced a rigorous cross-examination, however, could not be shaken. PW-4 (Abhijit Datta) :- Abhijit was a lawyer of Howrah Court. Kabita was her client. One revisional application was pending before the learned District Judge. It was fixed on the fateful day for hearing. Kabita came to Court in connection with the said case when she was attacked by her husband. Kabita soon after sustaining injury approached her Sheristha and then she was taken to the hospital. In cross-examination, Abhijit produced her case diary maintained by his clerk. Abhijit immediately informed the incident before the learned District and Sessions Judge where the revisional application was pending. PW-5 (Kartick Mahato) :- Kartick accompanied Sumitra to the Hospital. According to Kartick, Kabita narrated the incident to her mother. PW-6 (Dr. Santi Swarup Biswas) :- The witness was the medical officer in Howrah District Hospital. On August 31, 2001 at about 10.55 a.m. he treated Kabita while on emergency duty. The doctor gave details of the injury suffered by Kabita. According to him, the injuries could be caused by sharp cutting weapon like razor/knife. The doctor also stated that the patient took the name of her husband, however, the nature of weapon was not spelt out. He proved his certificate being Exhibit-2. PW-7 (Bijoy Ghosh) :- The witness was the clerk to PW-4. The victim Kabita was their client. She came to Court in connection with a criminal revision application being C.R. No.111 of 2001. The said case was fixed on August 31, 2001 before the learned Sessions Judge. The witness proved the entry in the diary as Exhibit 3. At about 10.30 a.m. on the said day Kabita came to the sherista holding her neck with her hands and she was bleeding profusely. Her wearing apparels were soaked with blood. The pathway to the sherista was blood stained. The witness took the victim to the Hospital. He thereafter narrated the incident to his master (PW-4) and the victim's mother (PW-1). PW-8 (Subrata Mitra) :- The witness was also a clerk to PW-4. He was a post occurrence witness. He was told by Bijoy that Kabita came with the injury and was taken to the Hospital. The witness also found blood stain in their sherista. PW-9 (Md. Abdul Hai Sardar) :- The witness was the Sub-inspector of Howrah Police Station. At about 10.05 p.m. he received the written complaint. He registered the formal FIR and started the P.S. Case No.130 as against Shyamlal and one unknown person under Section 326/307 read with Section 34 of the Indian Penal Code. He proved the FIR being Exhibit 4. He also narrated in detail about the investigation carried out by him. He also proved the seizure list where the seized weapon was mentioned.;

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