Microsoft word - gr 1452-11 us 447-324

IN THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS AT TINSUKIA
Sri Kamaljyoti Moran alias Kalia ….….Accused Advocate for the prosecution : Smti P.Buragohain, Asstt. P.P. Advocate for the Defence : Miss Sidhika Yasmin Evidence Recorded On : 2.5.2012; 7.9.12;14.2.13 JUDGEMENT
PROSECUTION STORY IN BRIEF :
The prosecution Story in brief is that on 31/10/20121 Sri Kanteswar Moran lodged an ejahar with the Officer-in-charge of the Baghjan Police Station to the effect that on the same day 9 A.M. accused Kalia Moran assaulted his brother Nipon Moran with sharp weapon in his head and hands; that at 6.30 PM on previous day also accused attempted to assault his brother. Hence the case 2. On receipt of the said ejahar, the Officer-in-Charge of GR 1452 of 2011 the Baghjan P.S. Registered a case vide Baghjan P.S. Case No.12 of 2011 U/S 447/326 of the Indian Penal Code. In course of investigation the accused was arrested and was subsequently released on bail. On completion of investigation the Police submitted Chargesheet against accused Kamaljyoti Moran alias Jogen Moran U/S 447/324/323 of the Indian Penal Code. The Honourable CJM, Tinsukia after taking cognizance transferred the Case for disposal to this Court. The accused appeared in obedience to the summons issued to him and thereupon he was supplied with the copies of all relevant documents in compliance of Section 207 Cr.P.C. After hearing both the sides and perusing the case record, charges under section 447/324 IPC were framed against the accused and when the content of the charge was read over and explained to the accused he pleaded not guilty and POINTS FOR DETERMINATION :
Whether on 31.10.2011 at about 9 AM accused person committed criminal trespass in the house of Susen Moran and caused hurt to Sri DISCUSSION, DECISION & REASONS THEREOF :
Before moving forwards with the discussion let's peruse the evidence of the witnesses at the very outset. PW-1 Sri Kanteswar Moran, who is the informant in this case has stated in evidence that on the day of occurrence at about 8.30 AM when his brother Nipon Moran was proceeding to the house of Susen Moran, the accused person dealt him cut blows with Mit dao in the left side of the head and in right hand; that Susen Moran, his daughter Ambika Moran and son Amar Moran had witnessed the occurrence; that the accused fled away and Susen Moran brought his brother to the hospital; that he also witnessed the In cross-examination PW-1 has stated that the Police had seized the dao from their house as because his elder brother recovered it from the place of the occurrence and kept it in their house. PW-2 Nipon Moran (victim) has stated in evidence that on the day of occurrence at about 8 or 9 AM he was making preparation of 'Ghugni' (one dish prepared with gram) with Susen Moran's son Samar Moran; that when he went near the tube-well to fetch water, the accused person dealt him cut blows in the back of his head and in the thumb as a result he lost his consciousness which he regained in the house of Doctor; that later he came to know that Susen Moran and Samar Moran had brought him to the hospital. In cross-examination PW-2 has stated that at the time of occurrence there were none present except Susen Moran and his son; that at that time Susen Moran and his son were taking rice in their house; that on the previous day of occurrence there was a quarrel with the accused.PW-3 Sri Omeswar Moran has stated in deposition that on the day of occurrence when Nipon Moran was making Ghuguni in the house of Susen Moran, the accused person assaulted him in the head as well as in the thumb with a Mit dao; that after hearing the information he reached to the place of the occurrence and found blood in the place of the occurrence; that Susen Moran and Samar Moran took him to the hospital. In cross-examination PW-3 has stated that at the time of occurrence Susen Moran and his son Samar Moran was inside their home. PW-4 Dr. Ranjit Das has stated in evidence that upon examining the victim Nipon Moran he found one incise cut wound over the occipital region and one lacerated injury in left hand and according to him the first injury was caused to him by sharp object and the second injury was caused to him by blunt object. 10. PW-5 Sri Bapukon Moran (the I/O) has stated in evidence that having entrusted with the charge of investigation, he examined the informant in the Police Station itself upon finding him present there; that taking along the informant he went to the place of the occurrence; that reaching the place of the occurrence, he examined the GR 1452 of 2011 witnesses and seized the dao from the possession of the informant vide Ext.2 Seizure List. That upon collecting the medico-legal report of the accused and having examined the witnesses, he submitted Charge- Sheet against the accused u/s 447/324/323 IPC. 11. In cross-examination PW-3 has stated that he was handed over the dao from the house of the informant but there was no blood mark APPRECIAION OF EVIDENCE:
12. Thus what has appeared from the above evidence is that the incident took place in the premises of Susen Moran and not in the property of the informant or victim as such the offence under section 447 IPC stands not proved against accused more so when the prosecution has failed to testify Susen Moran before the Court. 13. PW-1 Kanteswar Moran in his deposition stated that he saw the occurrence but in his statement before the Police he stated that upon hearing the occurrence he rushed to the house of Susen Moran. Besides, PW-1 has stated that the occurrence took place when his brother was proceeding to the house of Susen Moran, but it is clear from PW-2 and 3 that the occurrence took place in the house of Susen Moran. Thus these contradiction in the version of the PW-1 demolish his credence. The victim (PW-2) Nipon Moran has stated that the accused hacked him in the back of the head and in thumb. But PW-4 Doctor in his report Ext.4 has stated that the injury in the occipital region is incise wound caused by sharp weapon but the injury in the left hand is lacerated wound caused by blunt object. Thus, although the victim has stated that the injury in the hand is also caused by the Dao but the cause of injury in hand as alleged by the victim do not support the Doctor's version as such a benefit of doubt goes to the accused. 14. Furthermore, it has revealed that the informant had kept the dao in his house recovering it from the place of the occurrence and handed over to the Police. It means that the informant had tempered with the evidence from the place of the occurrence and on the basis of such evidence the guilt of the accused can not be determined up to the GR 1452 of 2011 hilt, more so when the prosecution has failed to adduce the evidence of Susen Moran and Samar Moran in whose premises the occurrence took place and who are the eye-witness to the occurrence. The upshot of the foregoing discussion is that the prosecution has failed to establish its case beyond all reasonable doubt against the accused. 15. In view of the above discussion, I find that the accused person is not guilty of committing the offence U/S 447/324 of the IPC. Hence, Sri Kamaljyoti Moran alias Kalia is acquitted of the charge u/s 447/324 IPC. He is accordingly set at liberty forthwith and consequent whereupon the bail bond stands cancelled and surety is 16. The judgment is delivered and operative part of the same is pronounced in the open court, today, the 17th day of April, 2013 under PW-1 Sri Kanteswar Moran PW-2 Sri Nipon Moran PW-3 Sri Omeswar Moran PW-4 Sri Bapukon Moran(I/O) PW-5 Sri Ranjit Das (Doctor) 2.LIST OF DOCUMENTS EXHIBITED BY THE proscn: Ext.1- F.I.R. Ext.2- Seizure List Ext.3- Sketch-Map Ext.4- Medico-Legal Report Ext.5 - Charge-Sheet 3.LIST OF MATERIAL EXHIBITS: NIL 4.LIST OF THE DEFENDANTS WITNESSES:NIL 5.LIST OF DOCUMENTS EXIBITED BY THE DEFENCE: NIL

Source: http://tinsukiajudiciary.gov.in/source/judgement/2013/4april/GR%201452-11%20us%20447-324.pdf