Kolkata: The Calcutta High Court has set aside the conviction of a Nadia man in connection with a 1988 firing incident, observing that the prosecution failed to prove the charge of attempted murder beyond reasonable doubt.
The case arose from an incident on September 8, 1988, when Sonaruddin Sk was allegedly shot in the thigh near his genitals while returning from a field in Chapra, Nadia. The complaint, lodged on September 13 by his brother Patal Sk, alleged that a group of men armed with firearms and sharp weapons attacked them. Kitab Sk was accused of firing the shot that injured Sonaruddin.
The trial court had acquitted 13 of the accused but convicted Kitab Sk under Section 307 of the Indian Penal Code, relying mainly on the victim’s testimony and medical records.
In appeal, the defence argued that there was no independent corroboration of the victim’s statement, the FIR was delayed without explanation, and the place of occurrence was not established with certainty. It was also pointed out that another alleged injured witness denied the incident and was not declared hostile by the prosecution, and that there was political rivalry between the parties, as admitted by some witnesses.
The bench of Justice Chaitali Chatterjee Das noted several inconsistencies in witness accounts. While the complaint alleged intentional firing, the complainant later said the injury was accidental. Another named victim denied any such attack. The victim’s mother claimed to have seen the shooting but admitted in cross-examination that she was at home.
The court also found contradictions over whether the incident took place in a field or on a road, and no landowners from the area were examined. No weapon was recovered, no bullet was sent for forensic examination and no independent eyewitnesses supported the prosecution case.
Observing that all similarly placed co-accused were acquitted, the judge said there was no justification for convicting only the appellant on such evidence. The court held that in criminal trials, guilt must be established beyond reasonable doubt, and in this case the benefit of doubt had to go to the accused.
The appeal was allowed, the conviction and sentence were set aside, and Kitab Sk was ordered to be released from his bail bond.