Testimony of injured witness has vital relevance in appreciating evidence of witnesses, says HC

Soumyadip Mullick, MP, 21 Oct 2024, Kolkata: Altering an IPC Section against the accused in the order and judgement of the trial court in a case where the victim, who deposed as a witness, was attacked by his relative over a land dispute, Calcutta High Court observed that testimony of an injured witness has a distinctive relevance in appreciation of the evidence of witnesses.

The Bench of Justice Tirthankar Ghosh was moved by the appellant (the accused) who challenged the trial court order and judgement convicting him under Sections 341/307 of IPC. He was accused of attacking his brother’s son with an iron rod and causing serious injury that led to hospitalisation.

The father of the victim, in his police complaint, alleged that on November 1, 2017, the accused started constructing a brick house forcefully on the land of the complainant when his son restrained the accused who in turn assaulted the son by hitting him with an iron rod on his head with the intention of murdering him, thereby causing serious bleeding injury leading to hospitalisation. The father said since he was busy with the treatment of his son there was some delay in lodging the complaint.

The prosecution relied on 12 witnesses, including the victim (son) who corroborated the statements of his father. The appellant’s counsel submitted there are inconsistencies in the statement of the witnesses and the prosecution failed to adduce evidence regarding the time, manner and nature of the incident which raises serious doubt concerning the truth relating to the incident. On injuries, the counsel submitted that both the medical officers examined admitted that if any person falls on any hard substance such type of injury may occur.

On an assessment of the evidence, court observed that as per the evidence of the victim, so far as his injuries are concerned, were never exaggerated. The court observed: “So far as the principles relating to testimony of an injured witness is concerned the same has a distinctive relevance in appreciation of the evidence of witnesses. PW6 (son) is an injured witness, his evidence as such is to be considered with added importance.”

Court also found it would be proper to convict the appellant under Section 326 IPC instead of Section 307 IPC. “Sentence of the appellant is reduced to the period which has already been suffered and undergone by him”.