- (1.) It is submitted on behalf of the appellant that he is the stepson of the victim and an application being CRAN 3636 of 2016 has been filed on behalf of the victim that she is unwilling to pursue the matter. I find that the conviction is under Section 307 of the Indian Penal Code and accordingly, the said offence cannot be compounded. By consent of the parties, the appeal is treated as on day's list and taken up for hearing.
(2.) The prosecution case as alleged against the appellant is as follows :- The victim, Tandra Biswas is the stepmother of the appellant. On 17th August, 2015 at about 3:30 P.M. the appellant pounced on the victim shouting that nobody loved him and all his money had been misappropriated and pressed the mouth of the victim and stabbed her on the right side of the abdomen with a knife for cutting vegetables. The victim caught hold of the grill and shouted 'banchao banchao'. Gouri, a neighbour heard the screaming of the victim and rescued her from the dining room and snatched the knife from the hand of the appellant. The victim was taken to Ruby Hospital where she was admitted. Police recorded the statement of the victim in the hospital and Garfa P.S. Case No. 246 dated 17th August, 2015 under Section 307 of the Indian Penal Code was registered for investigation. In conclusion of investigation, charge-sheet was filed in the instant case against the appellant and the case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Fast Track, 3rd Court, Alipore, South 24-Parganas for trial and disposal. Charge was framed under Section 307 of the Indian Penal Code against the appellant. He pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined as many as 11 witnesses.
(3.) The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the judgement and order dated 27th April, 2016 convicted the appellant for commission of offence punishable under Section 307 of the Indian Penal Code and sentenced him to suffer Simple Imprisonment for three years and to pay fine of Rs.1000/-, in default, to suffer SI for one month. PW1, Uttam Halder is a reported witness and is a signatory to the seizure list of seizure of the wearing apparels and the knife from the place of occurrence. He proved his signature in the seizure list (Exhibit-2/A) as well as on the label of the seized articles (Exhibit-1/A). PW2, Gouri Baidya, is a post occurrence witness. She stated that on 17th August, 2015 at about 3:30 P.M. she heard the victim shouting 'banchao banchao'. Upon coming to the place of occurrence she found that the victim was holding to a grill and the appellant was pressing her throat and was dragging her by catching her hand and throat. She saw a knife lying on the floor and the victim sat down on the floor in a pool of blood. They detained the appellant. Thereafter, police came to the house. The victim had suffered injuries on the right side of her abdomen. Police seized the nighty and bloodstains from the place of occurrence under a seizure list. She signed on the seizure list (Exhibit-2/B). She also signed on the label of the nighty (Mat. Exhibit-1/B). She identified the knife seized at the place of occurrence (Mat. Exhibit-II). PW3, Dr. Pronab Barua was posted at Ruby Hospital at the material point of time. He deposed that on 17th August, 2015 at 5:30 P.M. one Tandra Biswas, the victim, was attended and medically treated by him at the Emergency department of Ruby Hospital. He found a punctured wound in the right lower abdomen. The victim had low blood pressure and high pulse rate. He treated her for shock and abdominal organ injury. He admitted her under Dr. Kalyan Kar, a general surgeon. Dr. Kar operated upon the victim and discharged her on 29th August, 2015. The witness proved the medical reports in the Emergency department (Exhibits-3 & 4). He also stated that the victim was examined in his presence (Exhibit-5/A). PW4, Dr. Amit Kr. Yadav was posted at Ruby General Hospital as an attending consultant in the Emergency department. On the date of occurrence he treated the victim at the Emergency department. The victim was admitted at 5:00 P.M. on 17th August, 2016. She had suffered a stab injury on her abdomen which had been caused by her stepson. The victim stated before him that the incident took place in her house. Nikhil Kr. Biswas, husband of the victim brought her to the hospital. PW5 is the landlord of the premises where the victim used to reside with her husband and where the incident occurred. He deposed that on 17th August, 2015 at about 3/3:30 P.M. he heard hue and cry and went to the room of the victim and found there was blood on her nighty. He found the appellant standing beside the victim. He informed the husband of the victim. In the meantime, police came to the spot. Police told him to admit the victim to hospital to save her life. She was taken to the hospital. He along with Gouri and Uttam took the victim to Ruby hospital. Police seized nighty, knife and blood sample from the place of occurrence. He proved his signature on the label of the nighty (Exhibit- 1/C). He identified the knife (Mat. Exhibit-II). He identified the sample of blood (Mat. Exhibit-III). He proved his signature on the seizure list (Exhibit-2/C). PW6 is the photographer attached to the Detective Department, Kolkata Police. He proved the photographs taken by him at the place of occurrence. PW7, Dr. Kalyan Kar operated on the victim and proved the admission consent and the treatment sheet (Exhibits-5 & 6 collectively). PWs8 and 11 are the Investigating officers of the instant case. They investigated the case and PW11 submitted the charge-sheet. PW9 is the victim and the de-facto complainant. She deposed that her marriage was solemnised in the year 2009 with Nikhil Kumar Biswas. She resided with her husband in the first floor of the house along with the appellant and her mother-in-law. She behaved properly with her son and took adequate care. They decided not to have any issue for the betterment of the stepson. On 17th August, 2015 at about 3:30 P.M. she gave lunch to the appellant. After taking lunch he went off to sleep. She went to the roof of the house and found that the appellant was present there. They came down to the dinning room and there was conversation between them. When she was about to wash her hands for taking lunch, the appellant pounced on her and pushed a knife on the right side of her abdomen and pressed her mouth. She tried to hold the grill of the house and started shouting 'banchao banchao'. At that time Gouri came to her and rescued her. She lost her sense. She was taken to Ruby hospital where she was medically treated. She stated the incident to the doctor of the hospital. She is still under treatment. PW10 is the father of the appellant and the husband of the victim. He deposed that he had married the victim in the year 2009. Appellant was his son from the first marriage. At the time of occurrence, her mother was not residing with them. The appellant used to work at different places for short periods of time. The appellant had completed first year of under Graduate course and was promoted to 2nd year but discontinued his education. He used to study at South City College, Gariahat. On 17th August, 2015 the incident took place at about 3:30/3:45 P.M. He was informed about the incident in his office over telephone that the appellant had stabbed his wife by a vegetable cutting knife on her abdomen. His wife was taken for treatment to the hospital. He rushed to Ruby Hospital and found his wife in a senseless condition. His son used to behave properly and there was no case initiated against his son by the police.;