The information of murder of Debol Kumar Ghosh was received by the Police Officials of the Naihati Police Station, who immediately rushed to the scene of occurrence.
Accused were examined under Section 313 Cr.
There was blockage of road.
P.C. and certain other documentary evidences.
2000.00.
Sandip Ghosh went to the police station at about 7.30 8.00 PM alongwith one Arun Dey.
At that time four persons by two bicycles came from the Mitrapara side.
P.C. The learned Additional Sessions Judge acquitted accused Biswanath Paul for offence under Section 212 and all other accused from charge of Section 302/34 .
The appellant by hand indicated Debol Kumar Ghosh to four persons who had arrived there on two bicycles, and one of them fired from pipe gun on Debol Kumar Ghosh.
Acquittal of Basudev Paul was also affirmed.
PW 30 in his statement has stated that on 16th June, 2000, when he was posted at Police Station, Naihati, he was at village Shibdaspur, in companynection with another case, when at 17.15 hours he received an RT Message that at Mitra Bagan Crossing one Debol Kumar Ghosh had been shot dead.
Two of the said persons fired from outside the party office and shot Debol Ghosh.
At that time, a red Gypsy came and stationed at the distance of 3 cubits from him, from which Anjan Dasgupta and Biswanath Paul got down.
Sandip Ghosh, the son of Debol Kumar Ghosh who was sitting inside his medicine shop, namely, Ma Medical Stores at R.B.C. Road, Naihati, North 24 Parganas situated at 5 cubits from CPI M Office saw the above incident and rushed to CPI M Party Office and found his father Debol Kumar Ghosh had sustained bullet injuries on his chest and was lying on the floor.
After companypletion of the investigation, accused Anjan Dasgupta, Bhola Kundu, Sintu alias Saroj Roy and Biswanath Paul were charged for the companymission of the offence under Section 302 read with Section 34 of the IPC and Basudev Paul was charged for offence under Section 212 of the IPC.
Ghosh had been shot dead.
PW 3 Kamal Nath, who has a shop on the footpath in front of the CPI M party office, stated in his evidence that in the afternoon of 16th June at 0300 PM to 0400 PM, he was sitting inside the party office and he went out of the office room and was standing outside smoking a cigarette.
The statement in his examination in chief following was stated by I.O. While I was at village Shibdaspur under P. S. Naihaati in companynection with another case at 17.15hrs.
Accused persons adduced numberoral evidences.
No suggestion was put to PW 29 regarding the date or time of recording of the FIR.
He further stated that he prepared the sketch map on the spot and seized the certain articles including two bicycles from the entrance of the party office room.
I went to the P.I.M party office at Mitrabagan crossing and prepared a sketch map thereof with index.
Thereafter, all left towards Gouripur.
Following are the findings recorded by the High Court From the statements of PW.1, PW.2, PW.3, PW.4, PW.6, PW.10 and also from PW.21 we find that all of them deposed about arrival of a maruti gypsy vehicle, presence of Anjan Dasgupta and Biswanath Paul on the place of occurrence and also about giving of instruction to shot at Debal Ghosh and subsequently for helping the persons to flee from the place of occurrence by getting inside the maruti gypsy vehicle The appreciation of evidence of eye witnesses and discarding the aforesaid evidences by the learned Sessions Judge was on flimsy ground and based on surmises and companyjectures which has been companyrectly re appreciated by the High Court.
The statement of PW 30, in this companytext, is very relevant.
The almost similar eye witness account has been narrated by other eye witness who were examined by Prosecution.
One of the said four boys brought a shooter machine and fired Debal Ghosh.
Arun Dey wrote the companyplaint at dictation of Sandip Ghosh and a written companyplaint was submitted to the police station.
At the same time, four persons on two bicycles came from the direction of the Mitra Bagan Road and stopped right in front of CPI M Party Office.
At that very time, 4 persons came by 2 Bicycles from the side of Mitra Bagan.
99 of 2000 was registered under Section 302/34 of the IPC and Section 25/27 Arms Act, naming accused Anjan Dasgupta, Biswanath Paul, Sintu alias Saroj Roy and Bhola Kundu.
Shri Sunil Giri has proved the FIR, he further proved that he received the FIR on 16th June, 2000, he proved his signature on the FIR also.
After receiving an R.T. message at 17.15 hours, the Sub Inspector Tapan Kumar also arrived at the scene at 17.40 hrs and remained at the scene till 21.05 hours.
I had been engaged with law and order maintaing job upto 21.05 hrs.
Thereafter, the said vehicle left.
After the inquest report was prepared late in the evening, the dead body was sent for postmortem.
The High Court vide its judgment dated 16.02.2006 set aside the order of the acquittal as regards to Anjan Dasgupta and Biswanath Paul.
PW 2 Vijay Das on the fateful day was standing at the gate of the party office inside of which Debol Ghosh was sitting.
Both the above facts have been proved by statement of PW 1 Sandip Ghosh and PW 5 Arun Dey both have signed the written companyplaint.
In the cross examination, the witness stood firm with his eye witness accound and companyld number be shaken.
The victim, Debol Kumar Ghosh was thereafter taken to Green View Nursing Home where he was declared dead by the doctors at 5.00 PM.
I received the FIR from the Police Station at the said Mitrabagan crossing.
Anjan Dasgupta has filed this appeal challenging his companyviction and sentence.
The elder brother of Sandip Ghosh, upon hearing the sound, also came to the Party Office.
Leaving two cycles, all four persons got in the Maruti Gypsi which speed up towards Gauripur.
He arrived at the spot at about 17.40 hours and remained there till 21.05 hours.
The sequence of the events, as it emerges from the evidence brought before the companyrt, i.e. the evidence of PW 1 and PW 30, there is numberdoubt that PW 1 went to the police station at about 7.30 PM.
The occurrence was witnessed by several persons, including the eye witnesses who appeared before the companyrt and proved the prosecution case, PW.1 Sandip Ghosh, PW.2 Vijay Das, PW.3 Kamal Nath, PW.4 Manabendra Nag, PW.6 Prasanta Ghosh, PW.10 Shashanka Nath and PW 1 Shankar Ghosh.
Debol Ghosh after taking the tea asked him to bring the beetle leave.
They left the bicycles and left the place by Gypsy towards Gouripur.
Prosecution examined thirty one witnesses in support of its case prosecution also produced documentary evidences, namely, statements recorded under Section 164 Cr.
2263 of 2002, challenging the order of the acquittal.
He went to the beetle shop in front of the partys office on the other side of road, where he saw Anjan Dasgupta and Biswanath Paul to get down from Maruti Gypsy at the crossing of R.B.C. Road.
He denied the suggestion that FIR was written on subsequent to 16th June, 2000.
He further saw Anjan Dasgupta and Biswanath Paul to point out his father sitting inside the party office.
The companyplainant also filed a Revisional Application CRR No.
The prosecution case in brief is that, at 4.50 PM of 16th June, 2000 Debol Kumar Ghosh, the deceased was sitting inside the Party Office of CPI M at R.B.C. Road, Naihati, North 24 Paraganas at which time a maruti gypsy car stopped, from which the appellants got down.
Shri Sunil Giri ASI PW 29 proved the recording of the FIR on the basis of written companyplaint given by Sandip Ghosh.
I then directly rushed to Mitrabagan More.
The FIR No.
He saw Biswanath Paul and Anjan Dasgupta got down from the said motor vehicle and at that very moment, four boys about age 22/23 years came in front of aforesaid party office from side of Mitra Bagan by two Bicycle.
State filed an appeal against the acquittal order.
I received an R. T. message that at Mitrabagan crossing one Debal Kr.
ASHOK BHUSHAN, J. This appeal has been filed against the judgment dated 16.02.2006 of Calcutta High Court, by which judgment, the High Court reversed the order of acquittal granted by Additional Sessions Judge.
One of the said boys took out a pipe gun and shoot Debol Ghosh.
PW.1 Sandip Ghosh, the son of the deceased was in his medical shop Maa Medical Stores which is at the distance of about 5 cubits from CPI M office.
It, however, companyfirmed the acquittal with regard to the Sintu alias Saroj Roy and Bhola Kundu.
