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CORRECTED

(Non-Reportable) IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1242/2017

(Arising out of S.L.P. (Crl.)No.9648/2014)

Altab Gharami @ Atlab SK & Anr.                            …Appellants Vs.

The State of West Bengal                                        …Respondent WITH

CRIMINAL APPEAL NO. 1243/2017 (Arising out of S.L.P.(Crl.) No.1052/2015)

J U D G M E N T

MOHAN M.SHANTANAGOUDAR,J.

1. Challenge  in  these  appeals  are  against  the  Judgment  dated

22.08.2014, passed by the High Court of Calcutta in C.R.A No. 310

of 2009, by the convicted accused.  

2. The appellants faced trial for certain offences including the offences

punishable under Sections 307, 456, 427 read with 34 of the Indian

Penal  Code  (hereinafter  referred  to  as  “I.P.C”). The  Learned

Additional Sessions Judge, Fast Track Court III, Krishnagar, Nadia

convicted the appellants for the offences under Sections 307, 456 &

427 read with 34 of IPC, accordingly sentenced them to undergo

R.I.  for  5 years and fine of  Rs.5,000/- each, in default  to suffer

simple  imprisonment  for  1  year,  R.I.  for  3  years  with  fine  of

Rs.2,000/-  and  simple  imprisonment  for  2  years  and  fine  of

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Rs.1,000/- respectively that shall run concurrently.  By  the  impugned Judgment,  the  High Court  having  found on

facts that the appellants neither caused mischief within the meaning

of section 425, I.P.C. nor had any intention or knowledge to commit

murder  in  terms of  Section 307,  IPC thus  convicted them for  the

offences  under Section 326 read with Section 34 and under Section

456 r/w Section 34, IPC.

3. The case of the prosecution in brief, as unfolded in the course of

trial is that at about 9:00 P.M. on 10.06.2005 the appellants along

with certain others threw brick bats on the tile-shaded house of the

informant, Abdul Gaffar Dewan (PW–1) herein.  As a result, some of

the tiles were damaged. At that time Dalil Dewan (PW–2), father of

the informant, intervened and raised objection against illegal acts of

the accused.  As a result, the appellants being armed with sharp

cutting weapons entered into the house of informant and attacked

P.W-2, father of the informant, resulting in certain contusions and

bleeding  injuries.  The  accused  also  assaulted  the  mother,  elder

brother & sister-in-law of the informant.   

4. PWs – 1,  2 & 3 are the eye witnesses,  out of  them PW-2 is the

injured eye witness.  The Trial Court as well as the first Appellate

Court on facts have concurrently found that the evidence of these

three eye witnesses is consistent, cogent and reliable; their evidence

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supports the case of the prosecution; that the ocular testimony of

PWs – 1, 2 & 3 is fully fortified by the evidence of the doctor (PW–4),

who found that the victim has suffered grievous injury on head,

inside ear as well as on the right-hand wrist and index finger.  The

victim (PW–2) was admitted to Saktinagar Hospital for 10 days and

thereafter treated at N.R.S hospital.   

5. Having regard to the totality of the facts and circumstances, we find

that the High Court is justified in upholding the conviction against

the appellants both for the offences under Sections 326 and 456 of

IPC, inasmuch as the accused committed lurking house trespass

during night and assaulted the victim with brick bats and sharp

cutting  weapons  which  have  resulted  in  four  sets  of  injuries,

(including a grievous injury) which are as under :-

(i) Left occipital scalp cut 2”x1” with crack out table of skull. (ii) Right Pinna cut injury extended from the helix upper part of

antitragus. (iii) 2” x 1” cut injury on the dorsal of right hand extended cut

and exposing mp joint of index finger. (iv) Cut injury of the hypothener over extending to the medial

wrist 4” x 1” vessel and muscle cut injury was repaired.

To reiterate, the appellants who have involved in substantial act

of  inflicting  blow  on  the  head  causing  crack  table  of  skull  and

impairment of  the right index finger using dangerous weapons,  are

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rightly held by the High Court that they have committed the grievous

injury as contemplated under Section 320 of IPC.

6. However, in cogitation and scrutiny of the facts and having regard

to the material on record in respect of aggravating and mitigating

factors,  particularly  keeping  in  mind  the  fact  that  PW  2,  who

suffered grievous injury, had to take treatment as in-patient for ten

days  in  Saktinagar  Hospital  and  thereafter  treated  at  N.R.S

hospital, we are of the opinion that the victim must be adequately

compensated  while  reducing  the  quantum  of  sentence  of

imprisonment to certain extent.   

7. Accordingly, the judgment of conviction passed by the High Court

against the appellants for the offences under Sections 456 and 326

of  IPC both read with Section 34 of  the IPC, is  confirmed.  The

appellants are sentenced to undergo simple imprisonment for two

years  and to  pay  fine  of  Rs.50,000/-  each  in  respect  of  offence

under  Section  326  of  the  IPC,  in  default,  to  undergo  simple

imprisonment for eight months.  They are also sentenced to simple

imprisonment for six months and a fine of Rs.10,000/- each for the

offence under Section 456 of the IPC, in default thereof, to undergo

simple imprisonment for two months.  Both the sentences shall run

concurrently. Entire fine, if deposited, shall be paid to the injured Dalil Dewan

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(PW–2) as compensation.

8. The appellants are entitled to the benefit of set off as contained in

Section 428 of Cr.P.C. in respect of the period of detention already

undergone by them.  

9. With the aforesaid modifications in sentence of imprisonment and

fine, the appeals are disposed of.

…………………………………..J. (Dipak Misra)

……………………………………J. (A.  M. Khanwilkar)

…………………………………….J. (Mohan M. Shantanagoudar)

New Delhi, Dated:  July 27, 2017

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ITEM NO.1501               COURT NO.10               SECTION II-B For pronouncement                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Criminal Appeal  No(s).1242/2017 ALTAB GHARAMI @ ATLAB SK & ANR.                    Appellant(s)                                 VERSUS THE STATE OF WEST BENGAL                           Respondent(s) (HEARD BY HON. DIPAK MISRA, HON. A.M. KHANWILKAR AND HON. MOHAN M.  SHANTANAGOUDAR, JJ.) WITH Crl.A. No. 1243/2017 (II-B) Date : 27-07-2017 These matters were called on for pronouncement of JUDGMENT today. For Appellant(s) Mr. Bijan Kumar Ghosh, AOR                     For Respondent(s) Mr. Raja Chatterjee, Adv.                    Mr. Chanchal Kumar Ganguli, AOR

Ms. Runa Bhuyan Mr. Piyush Sachdev, Adv.

                  Mr. Parijat Sinha, AOR                              

Hon'ble  Mr.  Justice  Mohan  M.  Shantanagoudar pronounced  the  judgment  of  the  Bench  comprising  Hon'ble  Mr. Justice  Dipak Misra, Hon'ble Mr. Justice A.M. Khanwilkar and His Lordship.  

Appeals are disposed of in terms of signed Reportable Judgment.

Pending applications, if any, stand disposed of.   

(B.PARVATHI)                      (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH)                      BRANCH OFFICER

(Signed non-reportable judgment is placed on the file)