Bablu Ghosh vs The State Of West Bengal on 22 May, 2026

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    Calcutta High Court (Appellete Side)

    Bablu Ghosh vs The State Of West Bengal on 22 May, 2026

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                           IN THE HIGH COURT AT CALCUTTA
                          CRIMINAL APPELLATE JURISDICTION
                                   APPELLATE SIDE
    
    
    Present:
    
    The Hon'ble Justice Ananya Bandyopadhyay
    
    
    
                                     C.R.A. 285 of 2007
    
                                        Bablu Ghosh
                                            -Vs-
                                  The State of West Bengal
    
    
    For the Appellant                : Mr. Prabir Majumder
                                       Mr. Snehansu Majumder
    
    For the State                    : Mr. Avishek Sinha
    
    
    Judgment on                      : 22.05.2026
    
    
    
    Ananya Bandyopadhyay, J.:-
    
    1.

    This appeal is preferred against judgment and order of conviction dated

    30.04.2007 passed by the Learned Additional Sessions Judge, Fast Track

    SPONSORED

    Court – I, Krishnagar, Nadia in Sessions Trial No.XII(9)2005 arising out of

    Sessions Case No.88(4) of 2005 convicting the appellant under Section 325

    of the Indian Penal Code and sentencing him to suffer rigorous

    imprisonment for 3 years and to pay a fine of Rs.1,000/- in default to suffer

    rigorous imprisonment for 4 months for the offence punishable under

    Section 325 of the Indian Penal Code.

    2. The prosecution case precisely stated one Nisith Biswas son of Shri Narayan

    Biswas of village Chakbehari under Tehatta P.S. filed a written complaint on
    2

    11.01.2005, before the Officer-in-Charge, Tehatta Police Station, inter alia,

    stating the appellant assaulted his father PW-2 severely. The complainant

    also alleged that the appellant pushed his father who was an old man of 65

    years causing him to fall on the ground. Thereafter, the appellant assaulted

    him with back side of a spade. Labours who were working in the field namely

    PW-3, PW-4, PW-8, PW-9 and PW-10 witnessed the incident. The

    complainant on receiving the information went to the spot and removed his

    father on a trolley to Tehatta Sub-Division Hospital and wherefrom he was

    referred to Shaktinagar District Hospital as his condition was serious.

    The appellant on the previous date of the incident came to the land of the

    complainant, to collect some leaves of Sugarcane tree of the complainant,

    who refused to such collection.

    On the date of the incident a buffalo of the complainant entered into the

    land of the appellant and the father of the complainant brought back the

    buffalo before it caused any harm to the land of the appellant. The appellant

    in spite of that assaulted the father of the complainant. The elder brother of

    the appellant namely Asit Ghosh annoyed with the complainant filed a G.D.

    being no.601/04 dated 15.12.2004.

    3. On the basis of the aforesaid complaint, the Tehatta P.S. Case No.26/05

    dated 10.02.2005 under Section 326/308 of the Indian Penal Code was

    initiated against the appellant.

    4. On completion of investigation, the investigating agency submitted charge-

    sheet against the appellant under Sections 326/308 of the Indian Penal

    Code.

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    5. Charges were framed against the appellant under Section 308 of the Indian

    Penal Code to which the appellant pleaded not guilty and claimed to be tried.

    6. In order to prove its case, the prosecution examined as many as 14

    witnesses and exhibited certain documents.

    7. The Learned Advocate for the appellant further submitted as follows:-

    i. “The prosecution case in a nutshell is that on 11.01.2005 at about 1

    pm, while the informant and others were not present in their home, the

    appellant had beaten the father of the informant with a opposite side of

    a spade, and pushed him. Due to such assault the informant’s father

    received injuries. PWS 3,4,8,9 and 10 had witnessed the said incident.

    Upon receipt of the information the informant shifted his father to

    Tehatta BPHC in a trolly van, wherefrom he was referred and was

    admitted to Shaktinagar Hospital undergoing better for treatment.

    That with regard to the above noted incident, on 10.02.2005, i.e.

    after about one month of the alleged date of occurrance facto

    complainant had filed an information and accordingly Tehatta Police

    Station Case No. 26/2005 dated 10.02.2005 under sections 325 of the

    Indian Penal Code was commenced.

    After completion of the investigation the police had submitted charge

    sheet under section 326/308 of the Indian Penal Code against the

    appellant. There after the Learned Trial Judge had been pleased to

    frame charges against the appellant under section 308 of the Indian

    Penal Code.

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    That to bring home charges against the appellants the prosecution

    had examined a total number of 14 witnesses. Thereafter the appellant

    was examined under Section 313 of the Code of Criminal Procedure.

    After completion of trial the Learned Trial Judge had been pleased to

    convict the appellant under Section 325 of the Indian Penal Code and

    sentenced him to suffer rigorous imprisonment for three years for the

    offence punishable under section 325 of the Indian Penal Code, and to

    pay a fine of Rupees 1000/-, in default of payment to suffer a further

    rigorous imprisonment for four months each for the offence punishable

    under section 325 of the Indian Penal Code. Hence this criminal appeal.

    SCANNING OF THE WRITTEN COMPLAINT:

    ii. The informant filed the complaint before the officer in charge, Tehatta

    police station, on 10.02.2005 i.e. after about one month of the alleged

    incident. Prosecution failed to explain such inordinate delay.

    FRAMING OF CHARGE:

    iii. Framing of charges in this case is not proper. The Learned Trial Judge,

    while framing of charge had failed to specify the actual place of

    occurrence, and further he mentioned the alleged date and time of

    occurrence as 11.01.2005 at 10:00pm, whereas the date and time of

    the alleged occurrence, as per the FIR is 11.01.2005 at about 1 pm.

    LIST OF WITNESSES:

    PW-1 Nisith Biswas, (son of the injured, and the complainant).

    PW-2 Narayan Biswas, (the injured).

    PW-3 Sajamal Sk, (the neighbour).

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    PW-4 Jahatap Sk, (the neighbour).

    PW-5 Dr. Amit Mukherjee, (Medical Officer, who treated the patient at

    the very first instance)

    PW-6 Sanyashi Mondal, (the neighbor).

    PW-7 Chandi Roy, (Neighbour).

    PW-8 Madhu Sk, (Neighbour).

    PW-9 Farid Sk, (Neighbour).

    PW-10- Akbar Sk, (neighbor).

    PW-11- Dr. S.K. Biswas, (Medical officer, who treated PW-2 at the

    District Hospital).

    PW-12-S.I. J.C. Chatterjee, (Investigating Officer).

    PW-13, Dr.P.K. Bhattacharjee (Radiologist, who conducted the X-ray

    upon the injured PW-2)

    PW-14- ASI Nitai pada Chakraborty (Recording Officer)

    SCANNING OF EVIDENCE:

    Scanning of evidence would only reveal the exaggeration of facts, and

    lack of truthfulness, stated by the witnesses, not backed by other

    evidences.

    a) PW-1, Nisith Biswas, the son of the injured (PW-2). He initially

    lodged the FIR after one month of the alleged incident, without

    fetching any explanation for doing so.

    In the FIR he stated that at the alleged time of occurrence he

    was not present in the house, and received information upon a

    phone call, made by the co-workers in the said field. But in the
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    examination-in-chief he clearly tried to improve his case by

    saying that he was also working in another field and therefore

    saw the alleged occurrence.

    In the evidence in chief he stated that the appellant had

    assaulted his father in the leg and on his hands with the

    opposuite side of a spade. But the PW-5 Dr. AMit Mukherjee, who

    treated the patient at the first instance did not support such

    contention of PW-1, thereby negating the truthfulness of the

    prosecution story. PW-5 in his evidence stated that except one

    injury in the leg, he did not find any other injuries on the patient.

    He also stated that the injury he mentioned in his report, might

    occur in course of falling on the ground of on any hard or blunt

    substance, which is in fact the defense version of the story.

    In the FIR he stated that PWs 3,4,8,9, and 10 were present in

    the field, whereas in his examination in chief he only mentioned

    the names of PWs 8 and 9, being present with him on the said

    land. However PWs 8 and 9 did not support the prosecution case,

    and declared hostile by the prosecution. This casts a serious

    doubt upon the prosecution story.

    He stated in his examination in chief that his brother Nikhil

    Biswas came afterwards in the field. But surprisingly said Nikhil

    Biswas was never examined by the prosecution. Not only Nikhil

    Biswas, none other members of the family, except the injured as

    PW-2, were examined by the prosecution.

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    He stated in his examination in chief that he had informed the

    police station on the very date of the incident, whereas the

    records say otherwise. This gives birth to a second FIR, which

    probably never came record. Moreover, after this statement of the

    PW-1, the in FIR dated 10.02.2005 was marked as exhibit-1.

    That casts a serious defect on the validity of the FIR being

    exhibit-l. Prosecution also did not examine the Scribe Sukdeb

    Biswas.

    b) PW-2, Narayan Biswas, is the injured and the father of PW-1. In

    his examination in chief, unlike the version of PW-2 about

    assaulting PW-2, on his hand and leg, he however mentioned

    about dealing with only one blow by the appellant.

    Thereafter he stated that after such assault and falling on the

    ground, he fell unconscious, there after he was taken to Tehatta

    Police Station, and thereafter to Tehatta B.P.H.C., and he

    regained his sense only at shaktinagar hospital. But PW-5 the

    Medical Officer who initially treated the patient and referred him

    Shaktinagar Hospital, mentioned in his evidence that PW-2 was

    well conscious. This casts doubt on the truthfulness of the

    prosecution story. The evidence of PW-2 also gives rise to a

    suspicion of presence of a second FIR, which has not been

    brought on record, for some unknown reasons.

    c) PW-3, Sajamal SK, is the witness, who was said to have been

    present in the alleged place of occurrence by the PW-1, in his
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    written complaint, did not support the prosecution case and was

    declared hostile.

    d) PW-4, Jehetap Sk, is the witness, who was said to have been

    present in the alleged place of occurrence by the PW-1, in his

    written complaint, did not support the prosecution case, and was

    declared hostile.

    e) PW-5, Dr. Amit Mukherjee, the Medical Officer, who examined

    PW-2 at the First instance at Tehatta BPHC. He stated in his

    examination in chief that the patient was brought by one Nikhil

    Biswas (Not examined). He found only one fracture injury on the

    left leg of the patient.

    In his cross examination he stated that the patient was well

    conscious. That negates the claim of PW-2 to have been

    unconscious, thereby casting doubt on truthfulness of the

    prosecution story.

    No name of the assailant was mentioned to the PW-5. Lastly

    he opined that one might have sustained such injury by falling,

    which completely nullifies the prosecution case.

    f) PW-6, Sanyashi Mondal, is a neighbor who took some extent

    supported the prosecution story as he claimed to have been

    present at the spot. But he failed to say with which weapon the

    appellant had allegedly assaulted the PW-2. In his examination

    in chief he stated that he was watering in his land, but while in

    cross he stated he was watering the land of Shyam Mondal, as
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    there was none in the land of Shyam Mondal. He stated during

    his evidence that he stated all these facts to the I.O., whereas the

    I.O., PW-12, did not support his claim.

    g) PW-7, Chandi Roy, is a neighbor who too some extent supported

    the prosecution story as he claimed to have been present at the

    spot. In his evidence he stated that he was grazing his buffalo in

    the land. He stated during his evidence that he stated all these

    facts to the I.O., whereas the I.O. PW-12 did not support his

    claim.

    h) PW-8, Madhu Sk, is the neighbour, who was said to have been

    present in the alleged place of occurrence by the PW-1, in his

    written complaint as well as in his evidence, did not support the

    prosecution case, and was declared hostile. The fact of presence

    of the PW-8, had been confirmed by PW-3 in his cross

    examination.

    i) PW-9, Farid Sk, is the neighbour, who was said to have been

    present in the alleged place of occurrence by the PW-1, in his

    written complaint as well as in his evidence, did not support the

    prosecution case, and was declared hostile. The fact of presence

    of the PW-9, had been confirmed by PW-3 in his cross

    examination.

    j) PW-10, Akbar Sk, is the neighbour, who was said to have been

    present in the alleged place of occurrence by the PW-1, in his

    written complaint as well as in his evidence, did not support the
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    prosecution case, and was declared hostile. The fact of presence

    of the PW-10, had been confirmed by PW-3 in his cross

    examination.

    k) PW-11, Dr. S.K. Biswas, The Medical Officer, who treated the PW-

    2 at the District Hospital. On 20.01.2005 structure casing was

    done, and patient was discharged from the said hospital.

    However PW-1 had stated in his evidence that the injured was

    admitted in the hospital for 18 days. This statement has been

    proven to be false by PW-11. Therefore it appears that the

    prosecution story is full of exaggeration and falsehood.

    No name of the assailant was also mentioned before Pw-11,

    by the patient party.

    From the evidence of PW-11 it appears that another doctor

    namely Dr. Tapan Banerjee had also treated PW-2. But he was

    not examined by the prosecution.

    l) PW-12, S.I. J.C. Chatterjee, he is the investigating officer of this

    case. He did not seize the offending weapon. He did not cite

    Mrityunjoy Ghosh, Banshi Mondal as witnesses. Though these

    witnesses and were cited in the Sketch Map to be the adjacent

    land owners, who could have been the best witness to

    authenticate the prosecution case.

    m) PW-13, Dr. P.K. Bhattacharjee, is the Radiologist, who held the x-

    ray examination over the injured, PW-2.

    n) PW-14, A.S.I. Netaipada Chakraborty, is the Recording Officer.
    11

    POINTS OF ARGUMENT:

    iv. Law provides that an F.I.R., should be made at the soonest possible

    opportunity. But in that case F.I.R., was lodged after one month of the

    alleged incident. No explanation as such was forthcoming from the side

    of the prosecution for the inordinate delay.

    v. Framing of charges in that case was not proper. The Learned Trial

    Judge, while framing of charge had failed to specify the actual place of

    occurrence, and further he mentioned the alleged date and time of

    occurrence as 11.01.2005 at 10:00 p.m., whereas the date and time of

    the alleged occurrence, as per the F.I.R., was 11.01.2005 at about

    01:00 p.m.

    vi. Description of the incident as stated by PWs 1 and 2, if thoroughly

    scrutinized would reveal vital discrepancies in their respective versions,

    though mostly it was parrot-like, not supported by any other evidences

    as produced by the prosecution.

    vii. The doctor being PW-5 and PW-11 has demolished the truthfulness of

    the entire prosecution story with regard to the manner, and therefore

    relying on such evidence while convicting the appellant would be

    improper.

    viii. In view of the above evidences of PWs 1, 2, 6 and 7, the credibility of

    their evidences should be looked into the light of the contradictions and

    the parrot-like nature of their depositions.

    ix. The evidences of PWs 1,2,6 and 7 should be thoroughly scrutinized as

    they are full of unclear doubts, defects, exaggerations, and lies, which
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    has been demolished in every alternative way by PWs 3, 4, 5, 8, 9, 10,

    and 11.

    x. PW-12 being the Investigating Officer has miserably failed to properly

    investigate into the case and bring out the actual facts, since he did not

    seize the alleged offending weapon. He clearly conducted the

    investigation in complete perfunctory manner by not citing the proper

    and credible witnesses for the purpose of unearthing the truth, and

    submitted charge sheet.

    xi. The presence of jumbled-up questions in the examination of accused

    under Section 313 of the Code of Criminal Procedure was next the same

    not proper in the eye of law.

    xii. By answering question nos.5 in the examination of accused under

    Section 313 of the Code of Criminal Procedure, the appellant had duly

    explained his side of the story, which the Learned Trial Judge had

    failed to consider.

    xiii. Moreover the Learned Trial Judge while convicting the petitioner did not

    deal with the mandatory provision of Sections 360 and 361 of the Code

    of Criminal Procedure read with Section 4 of the Probation of Offenders

    Act, which makes the order of conviction and sentence defective.

    xiv. The appellant was presently aged about 51 years. And since last 18

    years, the appellant was suffered from the tremendous mental agony

    and more over the prosecution had failed to prove its case against the

    appellant beyond all reasonable doubts.

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    In view of sets above the of facts and circumstances, since the

    prosecution has failed to prove its case against the appellant beyond all

    reasonable doubt, and moreover when the case is full of unclear

    doubts, defects, exaggerations, and lies, which had been demolished in

    every alternative way by PWs 3, 4, 5, 8, 9, 10, and 11. Therefore, the

    appellant pray for the order of conviction and sentence to be set aside.

    The appellant was liable to be acquitted from all charges labeled

    against him.”

    8. The Learned Advocate for the State submitted as follows:-

    i. “It was trite law that the conviction given under Section 325 of the

    Indian Penal Code must satisfy the essentials of a voluntary act

    coupled with the intent to cause bodily harm to the victim leading to

    specific severe injuries. Thereby to prove that the same had been

    correctly given by the Learned Trial Judge, the evidence of the

    prosecution witnesses and medical evidence was reiterated herein:-

    a) Past Antecedent:- The F.I.R., clearly mentioned a past antecedent

    of the appellant’s family whereby a complaint was lodged by

    their local Field Committee against the appellants before the

    concerned P.S. (bearing G.D. No.601/2004) dated 15.12.2004.

    That suggested that the appellant had a bitter relation with the

    Complainant which might have instigated him to commit the

    present act with a malicious motive.

    b) Previous Disagreement:- The de facto complainant divulged a fact

    on the earliest occasion in the written complaint that on the day
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    before the incident appellant came to their land to collect the

    sugarcane tops (S.C.T.) for feeding his cattle, but the complainant

    refused to give him the same. This inherently infuriated the

    appellant. Subsequently when the Defacto’s buffalo entered the

    land of the appellant by mistake, though no harm was caused by

    it; appellant took up that opportunity wherein he came running to

    the victim and beat him with the back of a spade knowing that

    would culminate in serious bleeding injuries. The same was

    supported by the appellant himself in his examination under

    Section 313 Cr.P.C., (Question 4) wherein he stated that there

    had been an altercation on the said day owing to the previous

    Disagreement.

    c) Intention to cause Bodily harm:- The appellant was well aware of

    the fact that the victim was a sixty five year old man. When he

    deliberately pushed the victim and beat him with the back of the

    spade it was obvious that the act would inherently result in

    bleeding injuries causing serious harm to the old man. Thus the

    appellant performed the said act with the knowledge coupled

    with the ultimate intention to bodily harm the victim with a

    malicious intent.

    d) Corroborative accounts of the eye witnesses:- PW-2, being the

    injured victim himself stated that the appellant assaulted him by

    the backside of the spade on the upper portion of his left leg. PW-

    1 corroborated the said incident and rescued the victim from the
    15

    field at the earliest opportunity with his brother. PW-6 who was

    working in the nearby field corroborated the same and witnessed

    that PW-2’s buffalo entered appellant’s land, following which the

    appellant came to PW-2 and assaulted him. He beat and pushed

    PW-2 and fled off. PW-7 also witnessed that appellant was

    running to PW-2 whereby he pushed him and assaulted him with

    a spade in his hand.

    e) Though PW-3 had been declared hostile by the prosecution he

    clearly deposed that being agitated by the prior incident of

    buffaloes appellant came and pushed the victim whereby he fell

    into the drain. This indicates that the appellant being an aged

    man suffered seriously which was witnessed by the independent

    eye witnesses including PW-6, PW-7 and others. The

    corroboration here garners ground and supports the allegations

    of the factum of bodily assault on the victim.

    f) Veracity of Injuries:- PW-11, the medical officer who examined the

    victim on 11.01.2005 found surgical assault and trauma on left

    hip joint. The X-ray revealed sub trochanteric fracture on femur

    on left side. PW-2 also complained of chest pain. He was

    discharged from the hospital on 20.01.2005 after about ten days.

    Bed Head ticket, treatment sheets are collectively marked as

    Exbt.-3. PW-13, the radiologist corroborated the injuries in his

    report (marked as Exbt.-7). Though the victim (PW-2) himself and

    the de facto complainant (PW-1) mentioned that he could not
    16

    recover properly after being discharged from the Nadia District

    hospital so he was again admitted to Dumdum Hospital for

    treatment for about 20 days. The prolonged period of admission

    in the hospital indicates the veracity of the injuries sustained by

    the victim being a senior citizen.

    g) Contradictory versions of the Hostile Witnesses:- A greater

    number of the eye witnesses who were named at the very

    inception of the present case turned hostile during their

    examination. PWs 3, 4, 8, 9 and 10 apparently supported the

    defence version wherein the victim slipped and fell into a drain

    sustaining injuries. On the contrary the Investigating Officer

    acknowledged in his cross examination that each of the hostile

    witnesses supported the prosecution story at the earliest

    opportunity when he examined them wherein they mentioned

    that the appellant assaulted the victim with the back of the spade

    causing bleeding injuries and subsequently fled away from the

    spot.

    The present case has been a willful voluntary act of violence

    wherein the appellant has knowingly harmed the aged victim leaving

    bleeding injuries. The same has been corroborated by various

    prosecution witnesses, ocular and medical evidence. The prolonged

    period of medical attention reveals the veracity of injuries sustained by

    the victim which prepares a strong foundation for the conviction given

    under Section 325 of the Indian Penal Code. Thereby the Trial Court
    17

    has rightly relied on the said facts as no legal deformities had cropped

    up. At this stage acquittal would be bad in law. Thus, the conviction

    given under Section 325 of the Indian Penal Code should be inherently

    upheld to meet the ends of law and to avoid gross miscarriage of

    justice.”

    9. The prosecution’s narrative unfolds through a tapestry of testimonies,

    beginning with Nisith Biswas (PW-1), who vividly recounts the events of that

    fateful noon. His father, the venerable victim Narayan Biswas (PW-2), had

    gone to tend their fields at the break of dawn, around 08:00 a.m. While

    engaging in his own agricultural labors in an adjacent plot between 12:00

    and 01:00 p.m., PW-1 witnessed their buffalo momentarily stray into the

    land of the appellant. Despite his father’s immediate, reverent gestures of

    apology with folded hands, the appellant, entirely unyielding, picked a

    quarrel, rejected the supplication, and violently pushed the elderly man to

    the ground. In a display of aggression, the appellant struck his prostrate

    father with the reverse, blunt side of a spade, targeting his leg and hand.

    The onslaught left the victim severely incapacitated, unable to stand, and

    bearing significant bodily injuries. While the appellant fled the scene

    alongside accomplices Madhu Sheikh and Farid Sheikh, the victim’s other

    son, Nikhil Biswas, rushed to the spot. The injured person was immediately

    transported to Tehatta Hospital, and subsequently transferred to

    Shaktinagar Hospital, where he remained institutionalized for approximately

    eighteen days. When full recovery remained elusive, he was shifted to Dum

    Dum Nursing Home. The formal apparatus of the law was set in motion on
    18

    the very day of the occurrence through a First Information Report (F.I.R.

    Exbt.-1) scribed by Shukdeb Biswas under the explicit directions of PW-1.

    During cross-examination, PW-1 defended this sequence, clarifying the

    layout of the adjacent sugarcane fields and the positioning of a shallow

    water machine situated some fifty cubits away.

    10. This deposition is robustly corroborated by the victim himself (PW-2), who

    detailed his submissive apology, the appellant’s ruthless indifference, the

    subsequent physical assault with the backside of the spade on his left upper

    leg, and his immediate lapse into unconsciousness. His medical journey

    spanned several therapeutic institutions, moving via a trolley to Tehatta

    Police Station and its adjacent hospital, onwards to Shaktinagar Hospital,

    and eventually gaining lucidity at Krishnagar Hospital during an extended

    confinement of ten to twelve days, followed by further care at Dum Dum

    Nursing Home. Under cross-examination, PW-2 elucidated the agrarian

    context of their long-standing sugarcane cultivation, which required

    seasonal irrigation by the shallow machine, and noted that the appellant’s

    land was then sowed with musuri crop. He further acknowledged the prior

    tension regarding the collection of sugarcane leaves. Though a cluster of

    witnesses–namely PW-3, PW-4, PW-8, PW-9, and PW-10 deviated from

    their initial statements and were declared hostile by the prosecution, the

    core testimonial edifice remained resilient through independent ocular

    support. PW-6 and PW-7, both neighboring cultivators familiar with the

    parties, affirmed the chaotic confrontation. They testified to witnessing the

    appellant aggressively approach, shove, and assault PW-2 with a spade
    19

    before fleeing, after which they assisted in carrying the injured victim away

    from the fields.

    11. The medical jurisprudence embedded in the case file solidifies the oral

    testimonies with scientific certainty. Dr. PW-5, the initial medical officer at

    Tehatta B.P.H.C. who examined the victim on January 11, 2005, noted

    localized tenderness over the left greater trochanter of the left femur, which

    subsequent radiological examination revealed to be a distinct fracture of

    both the left greater trochanter and the femoral shaft (Exbt.-2 and Exbt.-3).

    While the defence elicited during cross-examination that the victim was

    conscious upon arrival and that such trauma could theoretically result from

    a severe fall, the gravity of the injury was magnified by the deposition of PW-

    11, an Orthopedic Surgeon at Nadia District Hospital. Reviewing the history

    of surgical assault, he detailed a sub-trochanteric fracture of the neck of the

    left femur, which necessitated structural casing before the patient’s

    discharge on January 20, 2005. This finding was further refined by the

    Radiologist (PW-13) from Ranaghat Sub-Divisional Hospital, who formally

    marked the X-ray plates and reports as Mat. Exbt.-1/1 and Exbt.-7,

    identifying a pertrochanteric fracture of the neck of the femur accompanied

    by an avulsion of the trochanters – an injury he conceded during cross-

    examination could be sustained by falling heavily upon a hard, blunt

    substance.

    12. The investigative trajectory managed by the police infrastructure confirms

    the rigorous adherence to statutory procedure. S.I. Nitai Pada Chakraborty

    (PW-14) took up the mantle of investigation for Tehatta P.S. Case No.
    20

    26/2005, initially registered under Section 325 of the Indian Penal Code. He

    visited the place of occurrence, drafted a meticulous rough sketch map

    (Exbt.-3), recorded the statements of available witnesses, and apprehended

    the appellant on February 10, 2005. His documentation included

    statements from Sajamol Sk., Madhu Sk., and Akbar Sk., all of whom

    consistently pointed to the appellant arriving armed with a spade,

    questioning the victim about the straying buffalo, and delivering blunt-force

    blows. Upon collecting the requisite medical records and consulting with

    superior officers, PW-12 submitted a formal chargesheet under Sections 326

    and 308 of the Indian Penal Code. The procedural initiation was further

    supported by A.S.I. PW-14, who recorded the initial written complaint and

    formal F.I.R. (Exbt.-5/1), thereby completing a coherent legal ledger where

    oral testimonies, objective medical trauma, and investigative documentation

    align seamlessly to delineate the criminal act.

    13. The Learned Counsel appearing for the appellant has vigorously assailed the

    judgment of conviction, mounting a multi-pronged challenge rooted in the

    structural fragility, profound contradictions, and procedural infirmities that

    riddle the prosecution’s case. It is contend at the very threshold that the

    evidentiary scanning unmasks a narrative heavily distorted by systemic

    exaggeration, an acute deficit of truthfulness, and a conspicuous lack of

    independent corroboration. The foundational document of the criminal

    action, the First Information Report, is severely compromised by an

    inordinate and unexplained delay of an entire month. The informant, Nisith

    Biswas (PW-1), initially asserted that he was away from the theater of
    21

    occurrence, learning of the incident through an auditory telephonic

    communication from co-workers, yet he subsequently pivoted during his

    examination-in-chief to falsely position himself as an eyewitness to the

    assault – a transparent attempt to embellish and improve upon his dynamic

    position. Furthermore, his testimonial claim that the appellant delivered

    multiple blows with the reverse side of a spade to both the upper and lower

    extremities of his father stands entirely demolished by the primary medical

    officer, Dr. Amit Mukherjee (PW-5), who detected only a single injury on the

    leg, completely falsifying the version of a sustained physical onslaught.

    14. The structural edifice of the prosecution is further destabilized by the

    extensive hostility of its crucial independent witnesses. While the informant

    originally named a cluster of neighboring cultivators–specifically PWs 3, 4,

    8, 9, and 10 – as being present during the agrarian confrontation, these

    individuals resolutely refused to align with the state’s thesis, culminating in

    their formal declaration as hostile witnesses. This mass defection of the

    independent populace severely erodes the credibility of the judicial

    accusations. Additionally, the non-examination of vital characters, notably

    the victim’s other son, Nikhil Biswas–who was purportedly the first to

    arrive and manage the initial medical transport–and the scribe of the F.I.R.,

    Shukdev Biswas, leaves inexplicable chasms in the narrative. The defence

    emphasizes that the scientific evidence meticulously deconstructs the

    assertion of a deliberate, violent assault. Both the initial examining

    physician (PW-5) and the subsequent orthopedic surgeon (PW-11) conceded

    under the fire of cross-examination that the solitary femoral fracture
    22

    discovered could naturally and predictably follow a severe, accidental fall

    onto a hard, blunt surface, thereby validating the defence’s perspective of

    the event. PW-5 further nullified the victim’s claim of immediate post-

    traumatic unconsciousness by affirming that the patient was fully conscious

    upon admission, while noting a total absence of any identified assailant’s

    name in the earliest medical records.

    15. The critique extends sharply to the perfunctory and careless methodology

    adopted by the investigative agency. The Investigating Officer, S.I. J.C.

    Chatterjee (PW-12), miserably failed to secure or seize the alleged weapon of

    offense, the spade, and inexplicably omitted to cite adjacent land owners,

    such as Mrityunjoy Ghosh and Banshi Mondal, who were best situated to

    offer a transparent, neutral perspective of the territorial dispute. This

    superficial investigation was compounded by glaring flaws committed during

    the framing of charges by the learned Trial Judge, who misstated the place

    of occurrence and introduced an irreconcilable discrepancy regarding the

    temporal coordinates, listing the incident at 10:00 p.m. on January 11,

    2005, in stark contrast to the F.I.R.’s notation of 01:00 p.m.

    16. The appellate submission highlights that the depositions of the remaining

    witnesses, PW-1, PW-2, PW-6, and PW-7, suffer from a artificial, parrot-like

    uniformity that cracks under scrutiny, revealing critical contradictions

    regarding the actual weapon used, the specific lands being irrigated, and the

    historical context of the dispute. Finally, it is argued that the trial court

    committed a fatal statutory omission by failing to consider the mandatory,

    reformative provisions governing probation under Sections 360 and 361 of
    23

    the Code of Criminal Procedure, alongside Section 4 of the Probation of

    Offenders Act. Given that the appellant has endured the agonizing crucible

    of criminal prosecution for over eighteen years and is now advanced in age,

    and since the state has failed to bridge the distance between mere suspicion

    and proof beyond a reasonable doubt, the learned counsel prays that the

    defective conviction be set aside and the appellant be restored to his liberty

    through an absolute acquittal.

    17. The Learned Counsel representing the State champions the integrity of the

    impugned judgment, asserting with authoritative emphasis that the trial

    court’s findings are structurally unassailable and thoroughly anchored in

    the evidence. It is strenuously argued that the testimonial matrix presented

    by the prosecution possesses an organic coherence that easily transcends

    minor, immaterial variations. The narrative of the egregious agrarian assault

    finds its foundational strength in the unflinching ocular accounts of the

    informant (PW-1) and the venerable victim (PW-2). Their depositions

    seamlessly intertwine, charting the genesis of the conflict from a transient

    boundary transgression by livestock to a ruthless, disproportionate eruption

    of violence by the appellant. The state refutes any insinuation of falsity by

    highlighting that the core accusation–the delivery of a severe, disabling

    blow with the blunt reverse side of an agricultural spade – remains entirely

    unswerving and logically aligns with the horrific skeletal trauma

    subsequently quantified by medical science.

    18. Addressing the structural critique leveled against the prosecution’s

    witnesses, the learned counsel for the State submits that the hostile
    24

    defection of certain neighboring rustic cultivators, specifically PWs-3, 4, 8,

    9, and 10, does not operate as a fatal blow to the judicial fabric. It is a well-

    settled jurisprudential tenet that the grain of truth can be successfully

    sifted from the chaff of reluctant testimonies. The survival of independent

    corroboration in the robust, ambient evidence of PW-6 and PW-7, who

    arrived at the scene in the immediate aftermath of the violence to witness a

    chaotic theater and assist the incapacitated victim, effectively salvages the

    prosecution’s truth from the shadows of intimidation or local apathy.

    Furthermore, the State dismisses the alleged medical discrepancies as mere

    hyper-technical interpretations of clinical jargon. The diagnostic

    documentations of Dr. Amit Mukherjee (PW-5) and the specialized

    assessments of the Orthopedic Surgeon (PW-11) converge perfectly onto a

    singular, objective reality: the presence of a devastating, sub-trochanteric

    fracture of the left femur. The argument that such an injury could be a

    byproduct of an accidental fall is critiqued as an imaginative defence

    construct, completely detached from the violent reality of the assault

    detailed by the victim.

    19. The State forcefully neutralizes the arguments regarding procedural deficits

    and investigative lethargy. The non-seizure of the offending spade or the

    absence of signatures from alternative local landholders in the investigative

    maps are characterized as minor imperfections attributable to rustic

    investigative environments, which do not compromise the integrity of the

    prosecution’s case. The temporary confusion surrounding the temporal

    coordinates within the formal charges is revealed to be a clerical oversight
    25

    that caused no prejudice to the defence during the trial. Finally, responding

    to the plea for leniency and the invocation of the Probation of Offenders Act,

    the State demands an uncompromising application of punitive justice,

    arguing that a brutal physical assault executed upon a defenceless, elderly

    citizen over a trivial agrarian dispute constitutes an offense against the

    public conscience that defies the spirit of reformative leniency. The State

    concludes that the distance between mere accusation and absolute certainty

    has been completely bridged, rendering the conviction sustainable in law

    and equity.

    20. The prosecution’s narrative, reconstructed through the crystalline optics of

    ocular and scientific evidence, establishes the culpability of the appellant

    beyond the threshold of reasonable doubt, satisfying the statutory

    ingredients of Section 325 of the Indian Penal Code. The foundational

    bedrock of the criminal occurrence rests upon the unimpeached testimonies

    of the informant, Nisith Biswas (PW-1), and the injured victim, Narayan

    Biswas (PW-2). Their depositions present an organic, contextual consistency

    regarding the genesis of the conflict on that fateful noon, where a transient

    straying of livestock into the adjacent plot of the appellant provoked a

    disproportionate, violent retribution. The appellant’s aggressive rejection of

    the elderly victim’s submissive, folded-handed apology, followed by a violent

    push and a blunt-force strike with the reverse side of an agricultural spade,

    stands structurally validated. While the learned counsel for the appellant

    has sought to dismantle this edifice by highlighting the hostile defection of

    independent rustic witnesses–namely PWs 3, 4, 8, 9, and 10–it remains a
    26

    fundamental canon of criminal jurisprudence that the grain of truth can be

    successfully sifted from the chaff of defensive or uncooperative testimonies.

    The ambient corroboration offered by PW-6 and PW-7, neighboring

    cultivators who arrived at the theater of occurrence in the immediate

    aftermath to witness the chaotic scene and assist the incapacitated victim,

    effectively salvages the prosecution’s core thesis from the shadows of local

    apathy or intimidation.

    21. The defensive paradigm attempting to characterize the structural injury as

    an accidental casualty of a fall onto an undulating agrarian terrain is

    thoroughly dismantled by the objective determinations of medical science.

    The primary examination by Dr. Amit Mukherjee (PW-5) immediately

    identified profound localized tenderness over the left greater trochanter of

    the femur, an injury subsequently diagnosed through the radiological

    expertises of PW-11 and PW-13 as a devastating pertrochanteric fracture of

    the neck of the left femur accompanied by an avulsion of the trochanters.

    This profound orthopedic trauma perfectly mirrors the mechanical

    application of force described by the ocular witnesses–specifically, a heavy

    blow delivered by the blunt, reverse side of a spade onto a prostrate body.

    The technical admissions elicited during cross-examination that such

    fractures could theoretically manifest from an accidental fall represent mere

    clinical abstractions, which fail to displace the coherent, lived reality of the

    assault narrated by the victim. Furthermore, the procedural discrepancies

    emphasized by the defence–including an initial clerical error in the

    temporal coordinates of the formal charge sheet and the non-seizure of the
    27

    offending tool–constitute routine blemishes born out of rustic investigative

    environments, which do not puncture the core truth of the physical assault.

    22. To satisfy the legality of the conviction under Section 325 of the Indian

    Penal Code, the evidence must unequivocally demonstrate the voluntary

    causing of grievous hurt as defined under Section 320 of the Code. The

    radiological confirmation of a pertrochanteric fracture of the neck of the

    femur constitutes a clear fracture or dislocation of a bone under clause

    ‘Seventhly’ of Section 320, resulting in an extended institutional

    confinement spanning multiple therapeutic facilities, including Tehatta

    B.P.H.C., Nadia District Hospital, and Dum Dum Nursing Home. The

    appellant’s act of striking an elderly, non-resisting person with an

    agricultural implement carries the requisite judicial imputation of

    knowledge, if not direct intent, that such blunt force applied to the pelvic

    region would result in grievous injury. The trial court’s structural analysis

    of the evidence and its subsequent finding of guilt under Section 325 IPC

    are, therefore, legally sound, untainted by perversity, and fully sustainable

    on facts and law.

    23. Consequently, the appeal against the conviction is missing in merit and

    must be dismissed. However, balancing the scales of punitive justice with

    the mitigating realities of human existence requires a measured

    modification of the penal consequence. The criminal transaction dates back

    to the year 2005, and the appellant has endured the psychological and

    social crucible of a protracted criminal prosecution for over two decades. He

    has advanced significantly in age, possesses no prior criminal antecedents,
    28

    and the conflict itself arose from a spontaneous, localized agrarian dispute

    rather than any premeditated malice or professional criminality. While the

    brutal nature of an assault on an elderly citizen precludes the complete

    extension of reformative clemency under the Probation of Offenders Act, the

    ends of justice would be appropriately met by modifying the substantive

    sentence of imprisonment to the period already undergone by the appellant

    during the investigation and trial, while maintaining the financial penalty

    imposed by the learned court below to alleviate the victim’s suffering. The

    conviction under Section 325 of the Indian Penal Code is hereby sustained,

    the appeal stands dismissed with the aforementioned modification of

    sentence, and the appellant is discharged from his bail bonds subject to the

    realization of fine.

    24. Accordingly, the instant criminal appeal being CRA 285 of 2007 is

    dismissed. Since a considerable time has elapsed from the date of

    occurrence of the offence and the sentence is reduced to the period of

    incarceration undergone by the appellant.

    25. There is no order as to costs.

    26. Trial Court records along with a copy of this judgment be sent down at once

    to the Learned Trial Court for necessary action.

    27. Photostat certified copy of this order, if applied for, be given to the parties on

    priority basis on compliance of all formalities.

    (Ananya Bandyopadhyay, J.)

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