Sukh Chand Ghosh & Ors vs The State Of West Bengal on 10 March, 2026

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    Calcutta High Court (Appellete Side)

    Sukh Chand Ghosh & Ors vs The State Of West Bengal on 10 March, 2026

                                                                         2026:CHC-AS:386
    
    
    
    
                   IN THE HIGH COURT AT CALCUTTA
                  CRIMINAL APPELLATE JURISDICTION
                          APPELLATE SIDE
    
    Present:
    
    The Hon'ble Justice Prasenjit Biswas
    
    
                              C.R.A. 396 of 2005
    
                           Sukh Chand Ghosh & Ors.
                                      -Versus-
                           The State of West Bengal
    
    
    
    For the Appellants                 :   Mr. Suman Biswas,
    
    
    For the State                     :    Ms. Faria Hossain, Ld. APP,
                                           Ms. Sonali Bhar.
    
    
    Hearing concluded on      :       27.02.2026
    
    Judgment On                   :   10.03.2026
    
    Prasenjit Biswas, J:-
    
    
    1.

    This appeal is directed against the impugned judgment and

    order of conviction dated 21.05.2005 passed by the learned

    SPONSORED

    Additional Sessions Judge, 5th Fast Track Court, Malda in

    connection with Sessions Case No. 95/03 corresponding to

    Sessions Trial No. 19(4)04 arising out of English Bazar P.S.

    Case No. 68/93 dated 09.03.93 (G.R. Case No. 303/93).
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    C.R.A. 396 of 2005 2026:CHC-AS:386

    2. By passing the impugned judgment these appellants were

    found guilty for commission of offence punishable under

    Section 186/34 of the Indian Penal Code and they were

    sentenced to suffer simple imprisonment for three months

    each along with a fine of Rs.200/- each and in default of

    payment of fine to undergo further simple imprisonment for

    five days each.

    3. Being aggrieved and by dissatisfied with the said impugned

    judgment and order of conviction the present appeal is

    preferred at the instance of the appellants.

    4. In short compass, the case of the prosecution, as unfolded

    from the written complaint and the materials collected during

    investigation, may be delineated herein below:

    “According to the prosecution, the instant

    criminal proceeding was set into motion on the basis

    of a complaint lodged by the de-facto complainant

    before the concerned police station. In the said

    complaint it was, interalia, alleged that on 9th March,

    1993 at about 17:30 hours, at a place known as

    Piyasbari, all the accused persons, including the

    present appellants and some other associates,

    unlawfully assembled together and formed an
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    unlawful assembly with a common object to commit

    acts of violence and to obstruct the police officials in

    the lawful discharge of their duties. It was

    specifically alleged that the members of the said

    unlawful assembly were variously armed with deadly

    and dangerous weapons such as arrows, hasua (a

    sharp cutting instrument), lathis and other

    implements capable of causing serious bodily harm.

    While being so armed, the accused persons allegedly

    indulged in rioting and wrongfully restrained the

    defacto complainant along with the accompanying

    police force from discharging their lawful public

    functions. The prosecution case further proceeds

    that in the course of the said incident the accused

    persons, acting in furtherance of their common

    object, allegedly launched a violent attack upon the

    police personnel present at the spot. In particular, it

    was alleged that Sub-Inspector Bijoy Krishna Dey

    and Assistant Sub-Inspector Ananda Kumar Mondal

    were assaulted by the members of the unlawful

    assembly with the aforesaid weapons with the

    intention of causing their death or, at the very least,

    with the knowledge that such acts were likely to
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    result in fatal consequences. As a result of the

    alleged assault, both the aforesaid police officers

    sustained injuries and were subsequently taken to

    the hospital where they received medical treatment.

    The incident was reported to the police and, on the

    basis of the said written complaint, a formal police

    case being English Bazar Police Station Case No. 68

    of 1993 dated 09.03.1993 was registered.

    Thereafter, the police authorities undertook

    investigation into the allegations made in the

    complaint. Upon completion of the investigation, the

    Investigating Agency submitted a charge-sheet

    against the present appellants and other accused

    persons alleging commission of offences punishable

    under Sections 147, 148, 149, 186, 353 and 307 of

    the Indian Penal Code, thereby setting the criminal

    law into motion against them for standing trial

    before the learned Trial Court.”

    5. The charge was framed against the accused persons by the

    Trial Court under Section 148, 186/34, 353/34 and 307/34 of

    the Indian Penal Code which was read over and explained to
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    the accused persons and in reply they pleaded not guilty and

    claimed to be tried.

    6. In order to prove the case against the accused persons, the

    prosecution had examined eighteen (18) witnesses and proved

    some documents as exhibits. Neither any oral nor any

    documentary evidence was adduced on the side of the

    appellants.

    7. Mr. Suman Biswas, learned Advocate appearing on behalf of

    the appellants, has strenuously assailed the impugned

    judgment and order of conviction passed by the learned Trial

    Court. At the outset, the learned Advocate submitted that the

    prosecution case suffers from serious infirmities and

    inconsistencies which go to the root of the matter and render

    the prosecution version highly doubtful.

    8. It has been contended by Mr. Biswas, the learned Advocate

    that there exist glaring discrepancies between the version

    narrated in the First Information Report and the depositions of

    the prosecution witnesses with regard to the nature and

    extent of the injuries allegedly sustained in the course of the

    incident. According to him, while the prosecution has

    attempted to project a grave and violent assault upon the

    police personnel, the oral testimonies of the witnesses do not

    consistently support such allegations and materially deviate
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    from the version as recorded in the FIR. Such inconsistencies,

    according to the learned Advocate, cast a serious doubt upon

    the veracity and reliability of the prosecution case.

    9. The learned Advocate further submitted that the statements of

    the prosecution witnesses are replete with material

    contradictions and omissions which have remained

    unexplained by the prosecution. It has been argued that the

    witnesses examined on behalf of the prosecution have not

    given a consistent and coherent account of the alleged

    occurrence and, in several material particulars, their

    statements contradict each other. These contradictions and

    omissions, according to the learned Advocate, materially affect

    the credibility of the witnesses and weaken the prosecution’s

    attempt to establish the guilt of the appellants. It has also

    been vehemently argued that the prosecution has failed to

    examine any independent witness in order to corroborate the

    allegations made in the complaint. According to the learned

    Advocate, the entire prosecution case rests primarily upon the

    testimonies of police personnel who were themselves allegedly

    involved in the incident. In the absence of any independent

    and disinterested witness to support the prosecution version,

    the evidentiary value of such interested testimonies ought to
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    have been scrutinized with greater caution by the learned Trial

    Court.

    10. In this connection, the learned Advocate specifically referred

    to the evidence of PW4, Lalu Rajak, and PW10, Sachindranath

    Mondal, who were cited by the prosecution as witnesses to the

    alleged seizure of certain articles. It has been pointed out that

    neither of the said witnesses stated anything in their evidence

    regarding the seizure allegedly effected by the police. Their

    failure to support the prosecution in respect of the alleged

    seizure, according to the learned Advocate, seriously

    undermines the prosecution’s claim regarding the recovery of

    the incriminating articles.

    11. The learned Advocate further contended that the alleged

    seized articles were neither produced before the learned Trial

    Court nor marked as material exhibits during the course of

    trial. Such omission, according to him, creates a serious

    lacuna in the prosecution case and raises grave doubts

    regarding the genuineness of the alleged seizure and the

    overall narrative of the prosecution with regard to the

    occurrence of the incident.

    12. It has also been submitted that although the prosecution

    claimed that PW18, Sub-Inspector Bijoy Krishna Dey, and

    PW15, Constable/36 Jagabandhu Adhikari, had sustained
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    injuries during the alleged incident and were admitted to the

    hospital for treatment, no proper medical documents in

    support of such injuries were brought on record. The learned

    Advocate pointed out that apart from two medical admission

    tickets indicating their admission to the hospital, no injury

    report, medical certificate, or other relevant medical document

    was produced before the Court to substantiate the claim that

    they had in fact sustained injuries in the alleged assault.

    According to the learned Advocate, no explanation whatsoever

    has been offered either by the prosecution or by the

    Investigating Officer as to why the injury reports of the

    alleged injured persons were not collected during the course of

    investigation and produced before the Court. The absence of

    such crucial medical evidence, it is argued, creates a serious

    doubt regarding the prosecution’s allegation that the said

    police personnel had sustained injuries in the incident as

    alleged.

    13. The learned Advocate further argued that the learned Trial

    Court, while passing the impugned judgment of conviction,

    placed undue reliance upon the testimonies of the police

    personnel who were examined as prosecution witnesses.

    According to him, despite the existence of material

    discrepancies and inconsistencies in their evidence, the
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    learned Trial Court accepted their statements without proper

    scrutiny and proceeded to record the conviction of the

    appellants.

    14. It has also been emphasized that no independent witness

    came forward to support the prosecution case, although there

    was ample opportunity and scope for the prosecution to cite

    and examine such witnesses. The failure of the prosecution to

    examine independent witnesses, particularly in a case of this

    nature where the incident allegedly took place in a populated

    locality, according to the learned Advocate, further weakens

    the prosecution case.

    15. The learned Advocate further contended that the learned Trial

    Court erred in relying solely upon the testimonies of the

    alleged victims themselves to conclude that the appellants had

    attacked them. According to him, such a finding, in the

    absence of corroborative independent evidence and in the face

    of material contradictions and deficiencies in the prosecution

    case, cannot be sustained in the eye of law.

    16. Lastly, the learned Advocate submitted that it is a well-settled

    principle of criminal jurisprudence that the burden lies

    squarely upon the prosecution to prove its case beyond all

    reasonable doubt. In the present case, according to him, the

    prosecution has failed to discharge that burden inasmuch as
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    the evidence adduced is neither consistent nor credible and

    suffers from serious lacunae.

    17. On these grounds, the learned Advocate urged that the

    prosecution has failed to establish the guilt of the appellants

    beyond reasonable doubt and, therefore, the impugned

    judgment and order of conviction passed by the learned Trial

    Court is liable to be set aside. Accordingly, it has been prayed

    that the present appeal be allowed and the appellants be

    acquitted of the charges levelled against them.

    18. Ms. Faria Hossain, learned Advocate appearing on behalf of

    the State, has strongly defended the impugned judgment and

    order of conviction, submitting that the prosecution has

    successfully discharged its burden of proof beyond reasonable

    doubt. The learned Advocate contended that there are no

    materials on record which would render the evidence of the

    key prosecution witnesses namely PW2, PW14, PW15, and

    PW18 untrustworthy. She emphasized that all these witnesses

    deposed consistently before the learned Trial Court in support

    of the prosecution case and that their veracities were not

    shaken during cross-examination. Consequently, their

    testimonies, according to the learned Advocate, deserve full

    credence and cannot be disbelieved.

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    19. In particular, attention was drawn to the evidence of PW14,

    Sub-Inspector of Police Ananda Kumar Mondal, who is also

    one of the alleged injured witnesses. PW14 deposed that he,

    along with PW18, Sub-Inspector Bijoy Krishna Dey, sustained

    injuries as a result of the assault by a large crowd throwing

    brickbats and stones at the police personnel. PW14 further

    stated that the crowd was armed with weapons such as lathis,

    hasua, and farse, and that he and the other injured police

    personnel were subsequently treated at Malda Sadar Hospital.

    The learned Advocate submitted that the medical tickets

    produced and marked as Exhibit-7 corroborate the fact that

    these witnesses received treatment for injuries sustained in

    the incident, thereby lending credibility to their account.

    20. Further, the learned Advocate emphasized the testimony of

    PW15, Constable No. 36 Jagabandhu Adhikari, and another

    alleged injured witness. PW15 deposed in alignment with

    PW14, stating that prior to reaching Piyasbari, they were

    attacked by the crowd, which threw brickbats at them. He

    further alleged that the accused persons actively participated

    in the assault by throwing hasua and farse towards the police

    personnel. Importantly, PW15 identified the five accused

    persons present at the scene during the incident. The learned

    Advocate highlighted that the cross-examination conducted by
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    the defence failed to shake the veracity of PW15’s testimony,

    and therefore his statements remain reliable and admissible as

    substantive evidence.

    21. PW18, Sub-Inspector Bijoy Krishna Dey, also corroborated the

    statements of PW14 and PW15. He deposed that upon

    reaching Piyasbari, they were confronted by a mob of 300/400

    people, armed with hasua, lathis, stones, arrows, and bows.

    According to PW18, the crowd attacked not only the police

    personnel but also their jeep with hasua and brickbats. As a

    result, both PW14 and PW15 sustained injuries. PW18 further

    testified that he himself received injuries in the attack and

    that he, along with PW14 and PW15, was treated at Malda

    Sadar Hospital.

    22. The learned Advocate also relied on the medical evidence

    provided by PW17, Dr. Ruchira Banerjee, who examined PW18

    in the Emergency Department. The doctor stated that upon

    examination, he found an abrasion on PW18’s right hand. This

    emergency treatment ticket was marked as Exhibit-7 and

    corroborates the occurrence of injuries resulting from the

    incident.

    23. In summation, the learned Advocate submitted that a

    thorough appreciation of all the evidences including oral

    testimony of PW2, PW14, PW15, and PW18, as well as the
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    documentary evidence such as Exhibit-7 demonstrates that

    the prosecution successfully proved the occurrence of the

    incident and the injuries sustained by the injured persons. The

    learned Advocate argued that the learned Trial Court rightly

    relied upon this consistent and unshaken evidence to convict

    the appellants. She emphasized that there is no material

    irregularity, illegality, or procedural defect in the impugned

    judgment and order of conviction.

    24. Accordingly, it was prayed by the learned Advocate that the

    impugned judgment and order of conviction passed by the

    learned Trial Court be upheld in its entirety and that the

    present appeal preferred by the appellants be dismissed, as

    there exists no valid ground to interfere with the lawful

    conviction recorded against them.

    25. I have anxiously considered the rival submissions advanced by

    both the parties and have gone through all the materials on

    record.

    26. In the present case, the prosecution has examined several

    witnesses in order to substantiate the allegations levelled

    against the appellants. Among them, PW3 Mukul Mondal, PW4

    Lalu Rajak, PW5 Jiten Das, PW6 Ratan Das, PW8 Niren Ghosh

    and PW9 Sonatan Rajak were cited as independent witnesses

    by the prosecution. PW7 was examined as the medical officer.
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    Apart from these witnesses, the remaining witnesses

    examined by the prosecution are police personnel who were

    either members of the alleged police force present at the spot

    or were otherwise connected with the investigation of the

    case.

    27. Thus, it is evident that the prosecution had the opportunity to

    rely upon independent witnesses in order to lend corroboration

    to the allegations made in the complaint and to strengthen the

    credibility of the prosecution version. However, a careful

    scrutiny of the evidence adduced during the trial reveals that

    the testimony of such independent witnesses does not

    substantially support the case of the prosecution.

    28. In this connection, particular importance is attached to the

    evidence of PW4 Lalu Rajak and PW10 Sachindranath Mondal,

    who were cited by the prosecution as witnesses to the alleged

    seizure of certain articles in connection with the case. The

    prosecution sought to rely upon their testimony to prove that

    incriminating articles were seized during the course of

    investigation, thereby lending support to the allegation that

    the accused persons had used weapons during the incident.

    29. However, the evidence of PW4 Lalu Rajak does not support

    the prosecution case in this regard. PW4 categorically stated

    in his deposition that he did not put his left thumb impression
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    (L.T.I.) on the seizure list dated 09.03.1993. When the alleged

    thumb impression appearing on the said seizure list was

    shown to him during the course of his examination, he

    virtually denied the same and did not admit that the said

    thumb impression belonged to him. Moreover, PW4 further

    stated that he knew nothing about the incident in question.

    Thus, far from supporting the prosecution case, the testimony

    of this witness casts serious doubt on the authenticity and

    genuineness of the alleged seizure list.

    30. Significantly, despite such statements made by PW4 which

    were clearly inconsistent with the prosecution version, the

    prosecution did not take steps to declare him hostile nor did it

    cross-examine him with the permission of the Court in order

    to confront him with his earlier statement or to elicit the truth.

    The failure of the prosecution to adopt such a course assumes

    considerable importance, as it indicates that the testimony of

    the witness remained unchallenged and untested by the

    prosecution itself.

    31. Similarly, the evidence of PW10 Sachindranath Mondal, who

    was also cited as a witness to the seizure, does not advance

    the case of the prosecution. In his cross-examination, PW10

    stated that he had signed the seizure list on a road which was

    situated at a distance of about one and a half kilometres from
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    Piyasbari, the alleged place of occurrence. He further stated

    that he had put his signature on the seizure list at the instance

    and direction of the police personnel. More importantly, PW10

    clearly stated that he did not know what articles had been

    seized in connection with the case.

    32. The statements made by PW10 clearly indicate that he had no

    personal knowledge about the alleged seizure and that his

    signature was obtained merely at the instance of the police

    without being aware of the contents or the articles mentioned

    in the seizure list. Such evidence seriously undermines the

    evidentiary value of the seizure list and casts doubt on the

    manner in which the alleged seizure was conducted.

    33. It is also noteworthy that, similar to PW4, this witness PW10

    was also not declared hostile by the prosecution, despite the

    fact that his testimony did not support the prosecution case

    regarding the seizure of the alleged articles. Consequently, the

    prosecution did not cross-examine him to clarify the

    circumstances under which his signature was obtained or to

    establish the authenticity of the seizure proceedings.

    34. Therefore, from the evidence of both PW4 and PW10, it clearly

    emerges that the witnesses cited by the prosecution to prove

    the seizure have not supported the prosecution case in any

    meaningful manner. On the contrary, their statements create
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    a serious doubt regarding the genuineness of the alleged

    seizure and the manner in which the investigation was

    conducted.

    35. In such circumstances, when the very witnesses cited to prove

    the seizure fail to support the prosecution case and the

    prosecution does not even attempt to treat them as hostile or

    challenge their testimony, the evidentiary value of the alleged

    seizure becomes highly doubtful. This circumstance materially

    weakens the prosecution case and creates a significant gap in

    the chain of evidence sought to be established against the

    appellants.

    36. PW18, Sub-Inspector of Police Bijoy Krishna Dey, who is also

    the defacto complainant in the present case, has been

    examined by the prosecution as one of the principal witnesses

    to establish the alleged occurrence. In his deposition before

    the Court, PW18 stated that as soon as the police force

    reached Piyasbari, a large mob consisting of about 300 to 400

    persons suddenly attacked them. According to him, the said

    mob was armed with various weapons such as hasua, lathi,

    stones, arrows and bows, and they allegedly assaulted the

    police personnel and even attacked the police jeep with hasua

    and brickbats. However, a careful examination of the materials

    on record reveals that the said version of PW18 is not
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    satisfactorily supported by the investigation conducted in the

    case. Although the witness alleged that the assailants were

    armed with weapons like hasua and lathis and that those

    weapons were used during the alleged attack, the

    Investigating Agency did not seize any such weapons during

    the course of investigation. The non-seizure of such allegedly

    used weapons assumes considerable significance, particularly

    when the prosecution case is that the accused persons were

    armed with deadly and dangerous weapons and had used

    them in the course of the incident. The failure on the part of

    the Investigating Officer to recover or seize any of those

    weapons creates a serious gap in the prosecution case and

    casts doubt on the veracity of the allegations made regarding

    the nature of the attack.

    37. PW18 further stated in his evidence that during the course of

    the alleged incident PW14, Assistant Sub-Inspector of Police

    Ananda Kumar Mondal, was assaulted with brickbats and that

    PW15, Constable No. 36 Jagabandhu Adhikari, also sustained

    injuries as a result of the said attack. However, the statement

    made by PW18 in this regard appears to be inconsistent with

    the evidence of PW16, Sub-Inspector of Police Nepal Chandra

    Sen. In his cross-examination, PW16 categorically stated that

    PW15 did not suffer any injury from the throwing of stones.
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    This contradiction between the testimonies of the prosecution

    witnesses on the question of whether PW15 actually sustained

    injuries during the alleged incident creates a serious doubt

    regarding the truthfulness and reliability of the prosecution

    version.

    38. PW18 further stated that after the incident he went to Malda

    Sadar Hospital along with PW14 and PW15 for treatment and

    that they were treated there for the injuries sustained in the

    alleged attack. However, despite such claim, no injury report

    or medical certificate indicating the nature, extent or

    seriousness of the injuries sustained by the alleged victims

    was produced before the Court. In the present case, the

    prosecution merely produced certain medical admission tickets

    which were marked as Exhibit-7. These documents only

    indicate that the persons concerned were admitted to the

    hospital, but they do not disclose the nature of the injuries

    allegedly sustained by them. The absence of any injury report

    or medical opinion regarding the injuries significantly weakens

    the prosecution case, particularly when the allegation is that

    the police personnel were violently attacked by a large armed

    mob.

    39. Similarly, PW15, Constable No. 36 Jagabandhu Adhikari, who

    was also projected as one of the injured witnesses, stated in
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    his cross-examination that he sustained an injury on his leg

    due to the throwing of stones and that he received treatment

    at Malda Hospital for the said injury. However, quite

    surprisingly, no injury report, medical certificate or treatment

    record was brought on record by the prosecution in order to

    substantiate his claim. In the absence of such medical

    evidence, the assertion made by PW15 regarding the injury

    allegedly sustained by him remains uncorroborated and

    unsupported by any documentary proof.

    40. Furthermore, PW15 stated in his cross-examination that the

    Investigating Officer had seized a rifle and cartridges in

    connection with the case. However, during the course of trial

    those alleged seized articles were neither produced before the

    Court nor shown to the witness. PW15 himself admitted during

    his deposition that he did not find the said seized rifle and

    cartridges in the Court at the time when he was giving his

    evidence. The non-production of the alleged seized rifle and

    cartridges before the Court creates a serious lacuna in the

    prosecution case. When the prosecution asserts that certain

    incriminating articles were seized during the investigation, it is

    incumbent upon the prosecution to produce those articles

    before the Court and have them marked as material exhibits

    in order to establish the authenticity of the seizure. The failure
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    to do so raises legitimate doubts regarding whether such

    seizure was in fact made in the manner alleged by the

    prosecution.

    41. Thus, the absence of seizure of the alleged weapons used in

    the attack, the contradictions in the testimonies of the

    prosecution witnesses regarding the injuries sustained, the

    failure to produce injury reports of the alleged injured

    persons, and the non-production of the alleged seized rifle and

    cartridges before the Court collectively create serious doubts

    about the prosecution story. These deficiencies materially

    weaken the prosecution case and undermine the reliability of

    the evidence relied upon to establish the guilt of the

    appellants.

    42. PW14, Sub-Inspector of Police Ananda Kumar Mondal, who

    has also been projected by the prosecution as one of the

    injured witnesses in the alleged occurrence, stated in his

    deposition that on 09.03.1993 he noticed about 200/250

    persons belonging to the Ghosh community assembled at the

    place of occurrence and that they were allegedly creating

    disturbance among themselves while being armed with

    weapons such as lathis, swords and similar articles. According

    to him, the situation at the spot was tense and the persons

    assembled there were equipped with such weapons.
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    43. However, a careful examination of the record reveals that

    none of the alleged weapons such as lathis or swords, which

    according to this witness were present at the spot, were

    seized by the Investigating Agency during the course of

    investigation. Nor were any such articles produced before the

    Court and marked as material exhibits during the trial in order

    to substantiate the prosecution case. When the prosecution

    alleges that a large number of persons were present at the

    place of occurrence armed with weapons and that those

    weapons were used in the course of the incident, it becomes

    the duty of the Investigating Officer to seize such articles, if

    available, and produce the same before the Court to

    corroborate the oral testimony of the witnesses. The failure to

    seize or produce such weapons in the present case creates a

    significant gap in the prosecution case and raises doubt

    regarding the veracity of the allegations made by the witness.

    44. PW14 further stated that he, along with the other alleged

    injured police personnel, was taken to Malda Hospital where

    they were treated for the injuries sustained by them in the

    course of the incident. However, despite such claim, no injury

    report or medical certificate relating to the injuries allegedly

    sustained by him was produced before the Court. The

    prosecution has not brought on record any medical document
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    which could indicate the nature, extent or seriousness of the

    injury allegedly suffered by PW14. In the absence of any such

    documentary medical evidence, the claim made by this

    witness regarding the injuries sustained by him remains

    unsubstantiated. Therefore, in the absence of any cogent and

    reliable medical document, the assertion made by PW14

    regarding the injuries allegedly suffered by him cannot be

    accepted with certainty.

    45. It is also noteworthy that several independent witnesses cited

    by the prosecution, namely PW3 Mukul Mondal, PW5 Jiten

    Das, PW6 Ratan Das, PW8 Niren Ghosh and PW9 Sonatan

    Rajak, did not support the prosecution case during their

    examination before the Court. As their testimony did not align

    with the prosecution version, they were declared hostile by the

    prosecution and were subjected to cross-examination by the

    prosecution itself. However, even after such cross-

    examination, nothing could be elicited from their testimony

    which would lend support to the case of the prosecution or

    corroborate the allegations made against the accused persons.

    Consequently, the evidence of these witnesses does not

    advance the prosecution case in any material manner.

    46. PW7, Police Driver No. 112 Jiban Bhoumik, stated in his

    evidence that when he arrived at the place of occurrence he
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    noticed that both parties were attempting to create

    disturbance with hasua and lathis and that upon seeing the

    police personnel, the mob started attacking them with bricks.

    In his cross-examination, this witness stated that the glasses

    of the police jeep were broken due to the throwing of bricks.

    However, he was unable to state whether Sub-Inspector Anil

    Rai sustained any injury as a result of such brick throwing.

    Significantly, this witness did not state anything in his

    evidence regarding the injuries allegedly sustained by PW14,

    PW15 or PW18. Thus, his testimony does not provide any

    corroboration regarding the alleged injuries claimed by those

    witnesses.

    47. The medical evidence in the present case also does not

    satisfactorily support the prosecution case. PW17, Dr. Ruchira

    Banerjee, who examined PW18 in the Emergency Department,

    stated that upon examination she found one abrasion on the

    right hand of PW18. However, during her cross-examination

    she admitted that she had not recorded the history of assault

    in the medical ticket, nor had she mentioned the name of the

    father of the said injured person in the medical record. She

    further stated that if a person falls upon a blunt object or

    surface, he or she may sustain an abrasion on the body.
    25

    C.R.A. 396 of 2005 2026:CHC-AS:386

    48. Thus, the medical evidence given by the doctor does not

    conclusively establish that the abrasion found on PW18 was

    the result of an assault by the accused persons as alleged by

    the prosecution. The possibility of such injury being caused by

    a fall on a blunt surface has not been ruled out by the medical

    witness. Moreover, as already noted, no detailed injury report

    or medical certificate was produced by the prosecution

    showing the injuries allegedly sustained by PW14, PW15 and

    PW18.

    49. Therefore, when the alleged injured persons claim to have

    sustained injuries in the course of a violent attack by a large

    mob but the prosecution fails to produce proper medical

    records showing the nature of such injuries, the evidentiary

    value of their claim becomes doubtful. The absence of injury

    reports, coupled with the inconclusive medical testimony and

    the failure to produce alleged weapons, significantly weakens

    the prosecution case and raises serious doubt regarding the

    manner in which the alleged incident is said to have occurred.

    50. A careful scrutiny of the evidence of the prosecution witnesses

    in the instant case reveals substantial infirmities, omissions,

    and contradictions which seriously undermine the prosecution

    case. In particular, the testimony of PW1, H.G. 339 Faruq Sk.,

    virtually demolishes the prosecution narrative regarding both
    26

    C.R.A. 396 of 2005 2026:CHC-AS:386

    the alleged injuries and the alleged firing by police personnel

    during the incident.

    51. PW1, in his examination-in-chief, candidly stated that he could

    not say whether any police officer sustained injuries as a

    result of the attack by the accused persons on the date of the

    incident. The prosecution had alleged that one of the members

    of the mob sustained injury due to firing by PW15, Constable

    Jagabandhu Adhikari. PW1, although claiming presence at the

    scene, admitted that he could not testify with certainty as to

    whether any of the mob had been injured by the firing. He

    merely stated that he “later came to learn” that someone from

    the mob was allegedly injured. Such a vague assertion, made

    without personal knowledge and based solely on hearsay,

    considerably diminishes the credibility of the prosecution’s

    claim regarding injuries caused by gunfire. Further, during

    cross-examination, PW1 disclosed that he was never examined

    by the Investigating Officer and that his statement was being

    recorded for the first time in Court. The fact that this witness

    did not provide any statement during the investigation makes

    his testimony extremely weak and unreliable. Statements

    made for the first time in Court without prior examination by

    the Investigating Officer are generally accorded very limited
    27

    C.R.A. 396 of 2005 2026:CHC-AS:386

    evidentiary value, particularly in cases involving allegations of

    violence and injuries.

    52. Similarly, PW2, Sub-Inspector of Police Anil Kumar Roy,

    deposed that the mob threw bricks at the police personnel,

    and that as a result PW18 (S.I. Bijoy Krishna Dey) and PW14

    (A.S.I. Ananda Kumar Mondal) sustained injuries. However, as

    already highlighted, no injury reports in respect of PW18 and

    PW14 were ever produced before the Court. The absence of

    any medical documentation renders the claims of PW2

    regarding the injuries inherently doubtful. Moreover, PW2

    failed to identify any of the alleged miscreants before the

    Court, further weakening the prosecution’s assertion that the

    accused persons specifically caused the injuries. Without

    corroborative medical evidence and identification of the

    perpetrators, the testimony of PW2 lacks credibility and

    cannot be relied upon to establish the alleged assault.

    53. PW16, Sub-Inspector Nepal Chandra Sen, the first

    Investigating Officer, also revealed substantial deficiencies in

    the prosecution case. PW16 stated that he had seized one rifle

    and one cartridge through a seizure list dated 10.03.1993

    (Exhibit-5/3), but admitted that these items were neither

    produced in Court nor marked as material exhibits. This non-

    
          production   of   the    alleged   seized   articles   significantly
                                                28
    
                                   C.R.A. 396 of 2005                                      2026:CHC-AS:386
    
    
    
    
    

    undermines the authenticity of the seizure and raises serious

    doubts regarding the prosecution’s claim of recovering

    incriminating articles used in the incident. PW16 further stated

    that he had sent a requisition to the hospital on 30.03.1993

    for the collection of injury reports of the alleged injured

    persons. Yet, no such injury reports were ever produced in

    Court, and the Investigating Officer failed to provide any

    explanation for this glaring omission. The absence of these

    reports is particularly significant because it prevents

    verification of the alleged injuries and undermines the

    prosecution’s claim that police personnel sustained harm

    during the incident.

    54. In addition, PW16 acknowledged that he did not identify the

    accused persons in Court at the time of his deposition. He also

    recounted statements allegedly made to him by PW3, Mukul

    Mondal, wherein PW3 claimed that on 09.03.1993 he

    witnessed a dispute between the Ghosh and Mondal

    communities at Piyasbari, that the police arrived around 5:30

    P.M., and that about 300 persons surrounded the police party,

    throwing brickbats at them, prompting the police to fire in

    self-defense. However, at the time of giving evidence in Court,

    PW3 had turned hostile and did not support his earlier

    statement made before PW16. The same fate befell PW6 and
    29

    C.R.A. 396 of 2005 2026:CHC-AS:386

    PW9, who were also declared hostile and failed to corroborate

    the narrative they had allegedly provided to the Investigating

    Officer. This divergence between pre-trial statements and

    courtroom testimony severely weakens the reliability of the

    Investigating Officer’s account and raises questions regarding

    the consistency and authenticity of the prosecution evidence.

    55. PW16 further admitted that he did not collect the injury

    reports in connection with the case and that he did not see the

    seized articles in Court when giving his deposition.

    Importantly, he also stated that PW15, Constable Jagabandhu

    Adhikari, did not suffer any injury from the stones allegedly

    thrown by the mob. This admission directly contradicts the

    evidence of PW18, who claimed in his examination-in-chief

    that PW15 sustained injury due to the attack. Such

    contradictions between key prosecution witnesses significantly

    erode the credibility of the prosecution’s narrative regarding

    the injuries and the sequence of events during the alleged

    attack.

    56. In sum, the testimony of PW1, PW2, and PW16, taken

    together, highlights multiple infirmities in the prosecution

    case: the absence of injury reports for the alleged injured,

    non-production of seized articles, hostile or uncorroborated

    witnesses, failure to identify accused persons, and internal
    30

    C.R.A. 396 of 2005 2026:CHC-AS:386

    contradictions regarding injuries sustained by police

    personnel. These factors collectively create serious doubt

    about the reliability and veracity of the prosecution’s story and

    seriously undermine the foundation upon which the conviction

    of the appellants was based.

    57. Upon a careful and holistic appreciation of the evidence

    brought on record, it becomes manifest that the prosecution

    has failed to establish the occurrence of the alleged incident

    beyond reasonable doubt. Equally, the prosecution has not

    been able to substantiate the claim regarding the injuries

    allegedly sustained by the so-called injured persons, as no

    proper medical documentation was placed before the Court to

    corroborate their assertions. The absence of injury reports,

    certificates, or any medical evidence severely undermines the

    credibility of the claim that the police personnel sustained

    injuries during the alleged attack.

    58. A significant weakness in the prosecution case is the

    conspicuous absence of independent witnesses to corroborate

    the version of the prosecution. The learned Trial Judge, in the

    impugned judgment, relied solely upon the testimonies of

    witnesses who were police personnel involved in the incident.

    However, these very witnesses’ statements are replete with

    contradictions, omissions, and inconsistencies. Their
    31

    C.R.A. 396 of 2005 2026:CHC-AS:386

    testimonies do not form a coherent and consistent narrative of

    the alleged events. In particular, discrepancies exist regarding

    the number of persons present at the scene, the nature and

    extent of the injuries sustained, and the sequence of the

    alleged assault and firing. Such contradictions render their

    testimony inherently unreliable, especially when the evidence

    of disinterested witnesses is entirely absent.

    59. Further, the prosecution has asserted that certain articles,

    allegedly used as weapons during the incident, were seized in

    the presence of independent witnesses. However, during their

    depositions, PW4 and PW10, who were cited as witnesses to

    the seizure, explicitly disavowed any knowledge of the alleged

    seizure. PW4 denied putting his thumb impression on the

    seizure list and stated that he knew nothing about the

    incident, while PW10 admitted that he had merely signed the

    seizure list at the instance of the police and had no knowledge

    of the articles seized. Such evidence renders the prosecution’s

    claim regarding the seizure of the offending weapons highly

    doubtful and casts serious doubt on the authenticity of the

    seizure proceedings.

    60. Additionally, the prosecution repeatedly claimed that large

    mobs, varying from 200 to 400 persons, were present at the

    place of occurrence. Despite this, the prosecution failed to
    32

    C.R.A. 396 of 2005 2026:CHC-AS:386

    examine a single person from among such crowds as an

    independent witness to corroborate their case. The absence of

    testimony from any person who was allegedly present at the

    scene further weakens the prosecution’s account and

    underscores the lack of corroborative evidence to establish the

    occurrence of the incident.

    61. In light of these deficiencies, it is apparent that the learned

    Trial Court placed undue reliance solely upon the testimony of

    police personnel without any independent corroboration.

    Convictions based solely on the statements of interested

    witnesses, when such statements are fraught with

    contradictions and omissions, cannot be sustained under the

    principles of criminal law. The findings recorded by the learned

    Trial Court are therefore replete with conjectures and

    surmises, rather than being founded upon evidence beyond

    reasonable doubt.

    62. Moreover, the alleged offending weapons, which were claimed

    to have been used by the accused, were never produced

    before the Court nor marked as material exhibits. The non-

    production of these critical articles amounts to a material

    irregularity and demonstrates a failure on the part of the

    prosecution to establish essential aspects of its case.
    33

    C.R.A. 396 of 2005 2026:CHC-AS:386

    63. In view of the foregoing discussions, it is evident that the

    impugned judgment and order of conviction are vitiated by

    material irregularities, illegality, and a failure to appreciate the

    evidentiary lacunae in the prosecution case. The conviction

    recorded by the learned Trial Court cannot be sustained under

    the eyes of law and is, therefore, liable to be set aside, and

    the appellants deserve to be acquitted of all charges levelled

    against them.

    64. So, the instant appeal be and the same is hereby allowed,

    65. Accordingly, the impugned judgment and order of conviction

    passed by the learned Trial Court dated 21.05.2005 passed by

    the learned Additional Sessions Judge, 5th Fast Track Court,

    Malda in connection with Sessions Case No. 95/03

    corresponding to Sessions Trial No. 19(4)04 arising out of

    English Bazar P.S. Case No. 68/93 dated 09.03.93 (G.R. Case

    No. 303/93) is hereby set aside.

    66. The appellants are on bail. They are to be discharged from

    their respective bail bonds and be set at liberty if they are not

    wanted in connection with other case.

    67. In compliance with the mandate of Section 437A of the Code

    of Criminal Procedure (corresponding to Section 483 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023), the appellant is

    required to execute bail bonds with adequate sureties. Such
    34

    C.R.A. 396 of 2005 2026:CHC-AS:386

    bonds, upon being furnished, shall remain operative and

    binding for a period of six months, thereby ensuring the

    availability of the appellant to appear before the higher forum,

    if so required, and safeguarding the proper administration of

    justice.

    68. Let a copy of this judgment along with the Trial Court record

    be sent down to the Trial Court immediately.

    69. Urgent Photostat certified copy of this order, if applied for, be

    given to the parties on payment of requisite fees.

    (Prasenjit Biswas, J.)



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