The prosecution case briefly stated is as follows :The victim PW 5 Shila De was given in marriage with the appellant Meghnath De of Bhairabdangaon 11th Ashar, 1397 B.S. After the marriage she joined her husband in the Matrimonial House at Bhairabadanga village on 3rd Kartik, 1397 B.S. corresponding to 21st Oct. 1990 according to English Calendar.When she was watching closely a television programme at about 7.50 p.m. the victim Shila went out of the house and after a while returned to the courtyard of the house of P.W. 1 Tulshi Charan Bhuin who is the father of the victim in naked condition and fell down in the courtyard suddenly.PW 1, who is the informant in this case had seen several injuries on the face of his daughter PW 5 and also on different portions of her body.Shila had bleeding injuries oh her mouth.It was noticed further that teeth of her upper gum were uprooted on account of severe assault on her face.Therefore, PW 1 immediately shifted Shila to Sonamukhi Police Station and from there, under the advice of the police, the victim was shifted to Sonamukhi Hospital and subsequently to B.S.M.C. Hospital through one Swapan Bhuin.P.W. 1 Tulshi Bhuin submitted a written information at Sonamukhi Police Station which was treated as F.I.R. Tulshi Bhuin subsequently came to know about the incident from one Sunil Bhuin who narrated to have seen the victim and her husband, namely, the appellant together.Ranjit Bhuin also told to have been them together sitting by the side of a well which was situated near the house on the date of the incident.Shila, the daughter of Tulshi after admission in the Medical College Hospital reported to Tulshi Bhuin that her husband caused those injuries by striking her with a knife .JUDGMENT Basudev Panigrahi, J.This appeal has been filed against the judgment passed by the learned Additional Sessions Judge, Bankura in S.T. No. 5 (1)92 dated 24th Nov. 1993 whereby the appellant was convicted under Section 307, IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2,000/- in default to suffer further rigorous imprisonment for a period of six months. .The Sonamukhi Police Station after treating the written complaint as F.I.R. proceeded with the investigation of the case and after such investigation was closed, placed the charge sheet against the appellant.The learned Additional Sessions Judge, Bankura after careful consideration of the evidence of the prosecution was, however, inclined to record an order of conviction and sentence the appellant to undergo rigorous imprisonment of a period of seven years and to pay fine of Rupees 2000/- in default to suffer further rigorous imprisonment for a period of six months.Therefore, being aggrieved by such conviction and sentence the appellant filed this appeal.Mr. Roy, the learned senior advocate appearing for the appellant has invited our attention to several inherent infirmities and improbabilities.He strongly urged that although the injury was alleged to have been inflicted by the appellant on the person of the victim on 21st Oct. 1990 but till 6th of Nov. 1990 there was no disclosure either by the victim or by her father or by any other witness.Only the name of the appellant was disclosed on 6-11-1990 and thereafter he was arrested on 8th Nov. 1990 although the Investigating Officer in his evidence, in clear and unambiguous term deposed to have gone to the Medical College Hospital twice and recorded her statement.It is not understood why the Investigating Officer, who is PW 11 did not record the incident on 21st Oct. 1990 although her statement was recorded on that day.It has also been contended by the appellant that the prosecution has cooked up a case falsely to implicate the appellant without any material.P.W. 5 Shila De in her evidence stated that her husband persuaded to terminate an early pregnancy because she had not then attained sufficient age.She further stated to have agreed to the proposal of her husband.It has been deposed that on the Jamdwitya day the appellant came to her village and at the time she was standing near her house.Then, they went towards the well of their village.After reaching at the well, her husband pursuaded to undress herself.Thereafter she was given some medicine.After she was stripped herself of her clothes, her husband with help of a root touched her body.After a while her husband standing at the back assaulted her by a big knife, as a result of which she received severe injuries over her neck, cheek and also on knee.In such helpless bleeding state she ran towards her house and fell down on the courtyard.It has been-deposed that her husband had some extra marital relation with another lady.Mr. Roy, the learned senior advocate appearing for the appellant has invited our attention that the victim has woven a "cock and bullstory" only with a view to falsely implicate the appellant.It has been submitted that no husband with the sense of honour will ever ask his wife to take off her clothes on the public road near a well to the sight of the others.. It was further contended by the appellant that the well is situated by the side of a village road which has been used by the villagers for making ingress and egress to the village.It is, therefore, impossible that any sensible person would ask his own wife to disrobe her clothes for administering some roots at the sight of the others.PW 11 made a categorical statement that Shila, the.PW.5, did not state before him that her husband had any love with a girl of Bhairabdanga.Therefore, in such view of the case, it cannot for a moment be believed that there was any motive of the husband for causing such severe bleeding injuries.The appellant has also placed another circumstance which might belie the prosecution case.That the evidence of PW 5 Shila, disclosed that immediately after the injury she ran to her house and fell down on the courtyard.From the statement of PW 1 it does not disclose that she was senseless.She was immediately carried to the police station and thereafter to the hospital.Till she was examined for the second time she had not disclosed the name of her assailant.Had she known that the appellant was the author of the crime, she could not have faltered to utter his name immediately to her father or at the police station.Such non-disclosure of the name of the appellant goes a long way in proving his innocence.It has been stated that the appellant came on 'Jamdwitya' day around 7-15 p.m. In that event how had at that time the victim, PW 5 gone to the village road so that both of them met each other and thereafter the appellant pursuaded her to accompany him to the well.This also improbabilised the prosecution story.PW. 1, the father of the victim in his evidence narrated that his daughter lost her teeth of the upper gum which were found to have been uprooted due to assault.PW 5, the victim herself did not support the version of her father that due to such assault she lost her teeth, nor the medical report disclosed that there was any loss of teeth.The medical officer who had examined the injured PW 5, has not stated in the report the length, size and depth of the injury.The nature of the injuries have been peculiarly not described in the injury report.In the absence of such description it is very difficult to determine as to the nature of injury said to have been sustained by PW-5 .The prosecution relied upon the evidence of PW 8 Sunil Bhuin.It has been contended that he had seen the appellant and PW 5 Shila going together towards the well near the house of Tulshi.Accordingly, the appellant be set at liberty forthwith.

Sections cited: Section 307 in The Indian Penal Code