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Rupu Tanti


GR case no 495 of 2017StateVsSri Sri Sanjay Tantabai1IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS SONARIGRCase No 495 of 2017u/s 447/325/427/34IPCState-vs-1 Sri Rupu Tanti2 Sri Sanjay TantabaiAccu

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Document on Subject : "Rupu Tanti"— Transcript:

1 GR case no. 495 of 2017 State
GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 1 IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, SONARI G.R.Case No: 495 of 2017 u/s 447/ 325/427/34 IPC State - vs - 1. Sri Rupu Tanti 2. Sri Sanjay Tantabai ...Accused Present: Sri Angaz Baruah , A.J.S. Evidence recorded on: 22.05.19 21.06.19 26.07.19 30.08.19 17.09.19 22.10.19 Arguments heard on : 29.01.21 Judgment delivered on: 29.01.21 For the prosecution : Assistant Public Prosecutor, Sri R. Cheleng For the defence : Sri Suresh Pareek Judgment 1. The accused person s, Sri Rupu Tanti, Sri Paglu Tanti and and Sri Sanjay Tantabai have stood trial stood trial for o ffences punishable under section 447/ 325/4 27/34 of the Indian Penal Code. However, during trial accused Sri Paglu Tanti did not appear and hence the case was filed against him. GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 2 Allegation : 2. The case of the prosecution in brief is that on 21.08.2017 at around 12 .00 p .m., the accused persons entered the house of the informant Sri Bimal Bakti and beat him up for no reason. The accused persons also damaged the informant’s bike. Hence the case. Information and Investigation: 3. Sri Bimal Bakti lodged an

2 ejahar, in relation to the aforesaid all
ejahar, in relation to the aforesaid allegatio n s , wit h the Officer - in - Charge of the Sonari Police Station . On receipt of the ejahar, the Officer - in - Charge of the Sonari Police Station registered Sonari P.S. Case No. 191 /17 under sections 447/325/427/379/34 of the Indian Penal Code . The police after investigation submitted charge - sheet against the accused persons, Sri Rupu Tanti, Sri Paglu Tanti and and Sri Sanjay Tantabai under sections 44 7 / 325 / 427 /34 of the Indian Penal Code. Trial: 4. As the accused Paplu Tanti did not appear, the case proceeded against the other accused persons. On appearance of the accused person s Sri Rupu Tanti and and Sri Sanjay Tantabai , copies were furnished to them as per section 207 , Cr iminal P rocedure C ode and the particulars of offence under section s 44 7 / 325 /323/34 , Indian Penal Code were read over and explained to the m to which they pleaded not guilty and claimed to be tried. 5. During the course of the trial, the prosecution examined six witnesses. The prosecutio n exhibited the F.I.R. as Ext - 1 , Medical report as Ext - 2, Sketch map as Ext - 3 and the Charge Sheet as Ext - 4 . On completion of the prosecution ev idence, the accused persons were examined under section 313, Criminal Procedure Code. The accused persons did not adduce evidenc e. 6. I have heard the arguments of the lear ned counsels for both sides. I have also

3 carefull y gone through all the evidence
carefull y gone through all the evidence adduced on record. GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 3 Point s for Determination : - 7. Whether the accused persons on 21.08.2017 at around 12.00 p.m. , in furtherance of their common intention, committed criminal trespass by entering into the house of the informant and thereby committed an offence punishable under section 447/34 of the Indian Penal Code? 8. Whether the accused persons on 21.08.2017 at around 12.00 p.m., in furtherance of their common intention, voluntarily caused grievous hurt to the informant and thereby committed an offence punishable under section 325/34 of the Indian Penal Code? 9. Whether the accused person s , on 21.08.2017 at around 12.00 p .m., in furtherance of their common intention, damaged the bike of the informant and thereby committed mischief and thereby committed an offe nce punishable under section 427 /34 of the Indian Penal Code? Evidence on Record - A Gist : Prosecution Version: 10. PW - 1, Sri Bimal Bakti stated that on 20.08.2017 at around 10.30 A.M., accused beat him up causing injuries with a stick. The accused persons also damaged the household goods of PW - 1. 11. PW - 2 Sri Ramesh Tassa and PW - 4 Smti Pinki Bakti Tanti deposed on the line of PW - 1 and stated that the accused beat up the informant (PW - 1) causing injuries by beating him up with a bam

4 boo stick. 12. PW - 3 Sri Shankar Ma
boo stick. 12. PW - 3 Sri Shankar Maut stated that on the day of the incident both the informant and the accused were engaged in a brawl. 13. PW - 5 Dr. Pall ab Gogoi stated that on 21.08.2017 , he examined Bimal Bakti who came with alleged history of assault and found abrasion over his back, knees, forehead and lower lip . He could not opine because the victim was referred to AMCH, Dibrugarh. He has identified E x t - 2 as the Medical report . GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 4 14. PW - 6 Sri Baidyanath Konwar stated that on 21.08.2017 , the informant lodged an ejahar and he was entrusted with investigation. He interrogated the informant and visited the place of occurrence. He prepared a sketch map which is E xt - 3 . He interrogated other witnesses having knowledge of the incident. He collected the medical report. When the accused persons arrived at the police station, he arrested them and later released them on bail. Finding sufficient materials against the accu sed persons h e submitted the charge sheet against the accused persons U/s 447/325 / 427 /34 , IPC. Rebuttal by Defence: 15. The defence has denied all the allegations leveled against the accused persons. While the defence has also adduced evidence in this regard, it has also relied on the cross - examination of the prosecution witnesses to demolish their credibility. 16. In t

5 he cross - examination of PW - 1
he cross - examination of PW - 1 and PW - 2 , he stated that nothing was seized from him by the police. 17. In the cross - ex amination of PW - 2 stated that PW - 1 and the accused were not in good terms. 18. In the cross - examination of PW - 3 stated that he was not interrogated by the police. 19. In the cross - examination of PW - 4 stated that none had seen the incident and nothing was seized by the police. 20. The I.O. too stated that he did not seize anything and he did not interrogate independent witnesses. GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 5 Analysis of the Evidence 21. The learned counsel for the defence has argued that the prosecution has only brought in interested witnesses to prove their case. Their testimony is not sufficient to warrant the conviction of the accused persons . At this juncture, let me point out that if the testimony of prosecution witne sses is cogent, reliable and confidence inspiring, it cannot be discarded merely on the ground that the witness happened to be relative s of the informant. The plea of "interested wit ness" and "related witness" has been succinctly explained by the Hon’ble S upreme Court in State of Rajasthan vs. Smt. Kalki & Anr . reported in (1981) 2 SCC 752 wherein it h as held: “ Related" is not equivalent to "interested". A witness may be called "interested" only when he or she

6 derives some benefit from the result of
derives some benefit from the result of a litigation; in the decree in a civil case, or in seeing an accused person punished. A witness who is a natural one and is the only possible eyewitness in the circumstances of a case cannot be said to be "interested". 22. Considering the history between both parties, i.e. considering that the informant and the accused were not in good terms, the rule of prudence pro mpts this court to seek out corroboration of the prosecution’s case from independent quarters. After all, considering the time and place of the alleged occurrence, it would not have been unreasonable to expect the presence of independent witnesses there. T hat would be the more cautious app roach towards the instant case. That apart, the incident happened in the courtyard of the house of PW - 1. So evidence of the people of the locality could have been led of the alleged offence. In offences involving bad blood between two families, it would have been prudent to bring witnesses from independent quarters. The other witnesses did not lend any support to the prosecution case. 23. It is pertinent to add here that the prosecution’s already weak case falters in another re gard. To constitute an offence of voluntarily causing hurt, ocular GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 6 evidence and medical report should be conclusive that the accused per sons actually ca

7 used hurt to PW - 1 . In absence of reli
used hurt to PW - 1 . In absence of reliable and clinching evidence, it becomes extremely difficult to conv ict the accused persons especially when the Medical Officer admitted that it could be caused by falling on a hard substance. 24. Section 427 of the IPC has the following ingredients: (i), Firstly, intension of the offender, (ii) secondly, the inten t ion must be for causing wrongful loss or damage to the property of others, (iii) thirdly, there must be destruction of property or diminish of its value. But nothing could be seized to substantiate the offence. Decision s 25. It does not require repetition that it is t he burden of the prosecution to establish through cogent and unimpeachable e vidence that the accused persons committed the alleged offences, f ailing which the accused persons will be deemed to be innocent. Innocent until proven guilty is a cardinal princip le of criminal jurisprudence which cannot be ignored at any cost. 26. As discussed in the preceding paragraphs, the very edifice upon which the entire prosecution story was resting has been shaky. Considering the chequered history between both parties, the la ck of corroboration, I am of the considered opinion that there is ample room for reasonable doubt in the prosecution’s case qua the accused persons. 27. Hence, considering all, the points for determination are decided in the negative. Order 28. In light of the aforesaid discussion and decisions

8 , the accused person s , Sri Rupu Tant
, the accused person s , Sri Rupu Tanti and and Sri Sanjay Tantabai are acquitted of the offences under sections 447/ 325 / 447/34 of the Indian Penal Code and set at liberty forthwith. The case will be put up if the accused Sri Paplu Tanti is brought before the court. GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 7 The bail bonds are extended for 6 (six) months from today as per section 437 - A, Criminal Procedure Code. Given in my hand and under the seal of this court on t his the 2 9 th day of January, 2021. Typed by Me: (Sri Angaz Baruah ) Judicial Magistrate First Class, Sonari GR case no. 495 of 2017 State Vs Sri Rupu Tanti Sri Sanjay Tantabai 8 APPENDIX Prosecution Witness : PW - 1: Sri Bimal Bakti PW - 2: Sri Romesh Tassa PW - 3: Sri Shankar Maut PW - 4: Smti Pinki Bakti PW - 5: Sri Rehan Sheikh PW - 6: Sri Boidyanath Konwar Defence Witnesses : None. Prosecution Exhibits : Ext - 1: Ejahar Ext - 2: Medical report Ext - 3: Sketch map Ext - 4: Charge sheet Defence Exhibits : None. Judicial Magistrate First Class, Sonar