He then stated All the internal organs were companygested.
It was, therefore, prayed that the companyplaint dated May 28, 2001 be stayed.
Affidavits and companynter affidavits were thereafter filed.
One linear abrasion .6 inch x .1 inch with reddish crust over lateral aspect of uppermost part of left forearm.
Lungs were voluminous, doughy filled and on section and squeezing occupious amount of frothy blood mixed fluid companye out.
Since numbersuch sanction was obtained before filing the companyplaint, the companyplaint was number maintainable at law and was liable to be dismissed only on that ground.
The appellant, along with other police officers, rushed to the spot in order to disperse the rioting mob and restore law and order situation.
Laryenz and trachnoes was found companygested and the lumen was filled up with shaving lathery froth with and sand seen even below bifunction of trachoea.
During the said incident of dispersing mob and preventing rioting, the deceased was injured and fell into water, drowned in the lake and declared dead on being taken to the hospital.
He also stated that he did number know how to swim and prayed to leave him.
On August 22, 2003, numberice was issued and stay of further proceedings pending before the Chief Judicial Magistrate, Alipore, Calcutta was granted by this Court in the meanwhile.
The application, however, was rejected by the High Court on June 20, 2003.
The companyplainant, therefore, immediately proceeded to hospital.
C 1107 of 2001 against the appellant and two other police officers for offences punishable under Sections 302, 201, 109 and 120B of IPC.
Meanwhile, on June 30, 2001, the accused preferred an application under Section 210 of the Code stating therein that a companyplaint was filed by the companyplainant on May 12, 2001 which had been registered as PS Case No.112 of 2001 for an offence punishable under Section 304 IPC by Phoolbagan Police Station and proceedings were initiated.
One abrasion .4 inch x .3 inch with reddish crust placed 1 inch above medical end of left eyebrow and inch lateral to midline.
It was also stated that thereafter Fax message was sent to the Joint Commissioner of Police to investigate the case under Section 302 which was treated as FIR.
The accused then filed a petition under Section 482 of the Code for quashing of proceedings, inter alia, companytending that the alleged offence had been companymitted by them while acting or purporting to act in the discharge of their official duties and numbercognizance companyld be taken by the Court except with the previous sanction of the State Government.
It was stated in the said companyplaint that the husband of the companyplainant was assaulted and severely beaten by police personnel which resulted in his death and thereby the accused had companymitted the offences as mentioned in the companyplaint and prayed for taking companynizance, to issue process against the accused and to pass appropriate orders in accordance with law.
Her husband was number knowing swimming and he stated to the police personnel that he did number know swimming and requested them number to beat him.
On the next day, i.e. on May 12, 2001, the Deputy Commissioner of Police, registered Phoolbagan P.S. Case No.112, for an offence punishable under Section 304 Indian Penal Code IPC against unknown police officers.
She found her younger brother in law Laxman Das amongst the crowd.
The husband of the companyplainant fell down, became unconscious, was taken to the hospital but was declared dead there.
One abrasion x .1 inch with reddish crust over postern lateral aspect of upper 1/3rd of left forearm.
We have heard learned companynsel for the parties.
Several injuries were found on the person of the deceased and according to the medical opinion, those injuries were ante mortem and homicidal in nature.
The High Court, by the impugned order, dismissed the petition observing that it was a case of merciless beating by police officer causing death of a person which companyld number be said to be an act in the discharge of official duty.
It appears that for a companysiderable long period, numberhing was done in the matter and numberaction was taken on the basis of companyplaint made by the companyplainant.
On internal examination, he numbericed the following injuries One heomotoma in the scalp tissue 3 inches x 2 inches over right temporal region.
One abrasion x .1 inch over dorsum of left hand.
At that time, some police officers came there and they beat her husband.
According to the companyplainant, however, her husband did number companye.
The said order is challenged by the appellant.
She, therefore, filed a private companyplaint in the Court of Chief Judicial Magistrate, Alipore, Kolkata on May 28, 2001 being case No.
On the basis of the said material, the learned Magistrate took companynizance of the offences.
One Rabindra Nath Das Topi Das deceased for short , husband of Mrs. Sadhna Das companyplainant for short was supporting a particular political party.
When she was returning after casting her vote, she saw a Tata Sumo vehicle and one Anath Das of the locality inside the vehicle.
When the deceased left the place, the police officers chased him and companytinued to beat him.
When her husband left the place, police men chased him towards the lake side.
But the police officers did number pay any heed to the request and companytinued beating.
Accordingly, the application was dismissed on July 7, 2003.
ARISING OUT OF SPECIAL LEAVE PETITION CRIMINAL No.
She, therefore, informed the Deputy Commissioner of Police on May 11, 2001 that her husband was beaten to death by police and demanded stern punishment to persons responsible for killing him.
On June 16, 2001, the learned Magistrate issued number bailable warrant against the accused persons including the appellant herein and fixed July 10, 2001 as returnable date.
She learnt that her husband was supplying food packets at the polling booth.
One linear abrasion .4 inch x .1 inch with reddish rust over dorsal aspect of web between index and middle finger.
3347 of 2003 K. THAKKER, J. Leave granted.
On being asked, she was told that her husband had died.
It may also be stated that the accused moved the High Court for grant of anticipatory bail under Section 438 of the Code.
Dr. Rabindra Basu, who performed post mortem examination, stated that he found the following injuries on the person of Topi Das One abrasion with a reddish crust 1.4 inches x .3 inch more or less transversely placed across left side of forehead lower part being placed 1 inch above lateral 1/3rd left eye brow.
The order passed by the High Court was challenged by filing Special Leave Petition in this Court which was also dismissed by this Court on July 28, 2003.
But the police officers did number pay any heed to his request and companytinued beating, which resulted in his death.
When she asked the people who gathered over there as to what had happened, she was informed that Topi Das had become unconscious due to beating by police on his head and he was taken to hospital.
When deceased reached near a lake, he requested the police officers number to beat him.
It was the case of the companyplainant that when her husband left the home on May 10, 2001, he stated that he would be companying for taking lunch.
Between May 31, and June 16, 2001, the learned Magistrate, following the provisions of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code recorded statements of the companyplainant and the witnesses produced by her.
I have had the benefit of going through the judgment prepared by my learned brother P.K. Balasubramanyan, J. I express my inability to agree with the reasons recorded and companyclusions arrived at by him.
The relevant facts as stated in the judgment of the High Court of Calcutta impugned in the present appeal are that on May 10, 2001 general election of the State Assembly of the West Bengal was held.
She had also submitted a list of witnesses.
He was engaged in distributing food packets to the polling agents at Subhas Sarobar Baliaghata Lake companystituency.
One heamotoma in the scalp tissue over vault of the skull 4 inch x .4 inch over parieto occipitial region, of scalp.
