Joymalya Bagchi, J. - (1.) Appeals are directed against the judgment and order dated 09.09.2011 passed by the learned Additional District and Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta in connection with Session Trial No. 03(06), 2009 arising out of Session Case No. 43 of 2009 convicting the appellants for commission of offence punishable under Sections 307/34 of the Indian Penal Code and under Sections 324/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 10 years each and to pay a fine of Rs.5,000/- each; in default to suffer rigorous imprisonment for a period of six months more for the offence punishable under Sections 307/34 of the Indian Penal Code and to suffer rigorous imprisonment for 3 years each and to pay fine of Rs. 1,000/- each, in default to suffer rigorous imprisonment one month more for the offence punishable under sections 324/34 of the Indian Penal Code. Both the sentences to run concurrently.
(2.) Prosecution case as alleged against the appellants is to the effect that under trial the prisoners Raju Saha, Uttam Sardar, Ananda Biswas and Prasanta Chakraborty were being taken to court in a prison van escorted by police officers. Appellants, namely, Raju Paswan, Niraj Kumar Guipta and Rajesh Prajapati who were facing trial also boarded the said vehicle from Presidency Correctional Home at 10 A.M. on 12.6.2008 for production before the trial court. There were 20 under trial prisoners inside the said prison van. When the prison van reached near Fort William main gate, the appellants out of previous animosity brought out razors and started assaulting Raju Saha (P.W.1), one of the victims. Uttam Sardar, Ananda Biswas and Prasanta Chakraborty tried to rescue Raju Saha (P.W.1) whereupon they were also assaulted with razor, knife etc. by the appellants. Police personnel intervened and rescued the victims from the hands of the appellants. Thereafter, the victims were brought to the emergency department, Medical College and Hospital wherein Raju Saha was admitted. Uttam Sardar Prasanta Chakraborty and Ananda Biswas were treated and discharged. On the complaint of Raju Saha, Maidan P.S Case no.111 dated 12.06.2008 under Sections 307/324/34 of IPC was registered against the appellants. In conclusion of investigation, charge-sheet was filed against the appellants and the case was committed to the Court of Sessions and transferred to the Court of learned Additional District and Sessions Judge, Fast Track 8th Court, Bichar Bhawan, Calcutta for trial and disposal. Charges were framed under Sections 307/34 and under Sections 307/34 and 324/34 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried. Prosecution examined 12 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial, the learned Trial Judge by judgment and order dated 09.09.2011 convicted and sentenced the appellants as aforesaid.
(3.) Mr. Tarique Quasimuddin, learned Counsel appearing with Ms. Tahur for the appellants argued that the prosecution has not been able to prove its case beyond reasonable doubt. There was animosity between the victims, namely, P.W.s 1 to 4 herein and the appellants. There are contradictions and/or embellishment in their versions in court. Independent witnesses i.e. other under trial prisoners were not examined. Doctors who had treated the victims were not examined and the contents of the medical reports (Exhibits. 5 and 7) cannot be said to have been proved beyond reasonable doubt. Hence, the appeal is liable to be allowed.;