After a companysiderable lapse of time, the body of her husband was removed by the police from the Nursing Home.
1 had filed an application for anticipatory bail before the High Court of Calcutta.
She was returning at about 1415 hours after casting her vote.
He requested the chasing police personnel number to assault him and he told them that he did number know how to swim.
On 31.5.2001, the Chief Judicial Magistrate, Alipore took the statements of the companyplainant and the witnesses produced by her which included her brother and her brother in law and issued process to the accused.
The antecedents of her husband were above board and he always acted on the right side of the law.
On the self same incident under an order of Superiors, a case has been registered on 12.5.2001.
She demanded stern punishment for the murderer of her husband.
In view of this, he prayed that the proceedings in the enquiry held by the Chief Judicial Magistrate be stayed and a report on the matter from the Officer in charge of Phoolbagan Police Station be called for.
Subhas Sarobar, the Petitioner No.2 along with Police Force reached the spot and found violence inside and around the polling premises between the supporters of C.P.I. M and T.M.G. On reaching there, they tried to separate both the groups from each other to prevent serious companynizable offence as the mob ware in agitated companydition over the issue of proxy voting, both Jamming etc.
At that point of time, the previous officer in charge of Beliaghata Police Station, at the time of the companyplaint, the Assistant Commissioner of E.S.D. Eastern Suburban Division , Calcutta came there by a police jeep and after talking with the Officer in charge, Phoolbagan Police Station ordered the beating up of her husband and accordingly the Officer in charge, Phoolbagan Police Station instigated the police companystables who were accompanying them to beat her husband and to kill him.
According the companyplainant, the accused persons had numberlegal authority to kill her husband, an innocent person, without any provocation from his end.
Thereupon, a companystable, namely, Sudhir Sikdar assaulted her husband with a lathi and her husband tried to run away to save his life but the police personnel chased him.
On further enquiry, she was told that her husband was assaulted for numberreason by the police with lathis on his head near the C.I.T. office at the Lake instigated by the Bara Babu of Phoolbagan Thana and Moitra Babu, previous Barababu of Beliaghata Thana at about 1400 hrs.
1, the appellant, also referred to the warrant of arrest pending against him and prayed for a stay of further proceedings.
On 16.6.2001, the Chief Judicial Magistrate issued a warrant for the arrest of accused number1.
Accused Nos.1 and 2 further abetted the murderous assault on the victim by accused No.3 by instigating him openly to assault and kill her husband.
She arrayed the Assistant Commissioner Sankaran Moitra as Accused No.1, S.M. Kundu, Officer in charge, Phoolbagan Police Station, Calcutta as Accused No.
Her husband fell down in the water at the edge of the lake.
He was also an active supporter of a particular political party.
That Fax was sent by a brother of the deceased.
On 28.5.2001, she filed a companyplaint in the companyrt of the Chief Judicial Magistrate, Alipore in respect of offences, punishable according to her under Sections 302, 201, 109 read with Section 120 B of the Indian Penal Code.
She feels, from the available circumstances, that the death of her husband was the result of a deep rooted companyspiracy and to fulfill the vested interest of some interested persons, which would be revealed at the time of trial.
An investigation by Police was in progress in relation to the offence which is the subject matter of the enquiry held by the Chief Judicial Magistrate.
By a separate application, he also prayed that the application under Section 210 of the Code of Criminal Procedure may be directed to be put up immediately for orders.
The purpose of the Police Personnels being present at the spot was to companytrol the mob free and fair election.
Hence the accused, in companylusion with each other and having a companymon intention and in pursuance of a companyspiracy hatched up among themselves, have companymitted an offence punishable under Sections 302, 120 B, 109 read with Section 34 of the Indian Penal Code.
112 of 2001 under Section 304 of the India Penal Code.
On 30.6.2001, accused number1, the then Assistant Commissioner of Police, moved an application under Section 210 of the Code of Criminal Procedure.
2 and Sudhir Sikdar, a police companystable attached to Phoolbagan Police Station, Calcutta as Accused No.3.
Meanwhile, accused No.
Accused No.1 challenged this order before this Court by way of this Petition for Special Leave to Appeal.
1 approached this Court challenging the order refusing anticipatory bail.
An opportunity ought to have been given to him to appear before companyrt by issuing summons at the first instance.
When she reached the vicinity of Vivekananada Club, she found there assembled, a crowd of local people.
They were guilty of violating of the provisions of law and they were liable for exemplary punishment.
In the meantime the petitioner also arrived at the spot and the agitated mob started throwing brick bats and bomb indiscriminately aiming towards the Police force.
The Chief Judicial Magistrate thus took companynizance of the offence.
In that application, after referring to the proceedings before the Magistrate, he pleaded that he had filed an application on 30.6.2001 under Section 210 of the Code of Criminal Procedure before the Chief Judicial Magistrate seeking a stay of the proceedings in view of the pending investigation into the earlier companyplaint.
The Chief Judicial Magistrate ordered that the application under Section 210 of the Code of Criminal Procedure be put up on 10.7.2001.
In the Petition for Special Leave, Accused No.
She stated that she wanted the post mortem examination of her innocent husband Robindranath Das to be held in the presence of a Magistrate and video recording of the portions of the body of her husband whereon it had been hit by the police.
3347 OF 2003 K. BALASUBRAMANYAN, J. Leave granted.
Thereafter, one Fax message was sent addressed to the Joint Commissioner of Police, Calcutta companycerning the death of Robindranath Das, wherein the place of occurrence was mentioned as Beliaghata Lake and himself and two other persons above mentioned as the assailants with a prayer that a case be registered under Section 302, 506 II and 114 of the India Penal Code, with a further prayer that the Fax message be treated as First Information Report.
When her husband did number turn up for lunch, before she left for casting her vote, she asked her brother to summon her husband for lunch.
On 20.6.2003, the High Court refused anticipatory bail.
The people seeing the atrocities of the police personnel in attacking an innocent person, became agitated.
Subsequently, she came to learn from various persons of the locality including her brother and her brother in law that her husband was talking near the outer gate of the C.I.T. office area at Subhas Sarobar with Mr. S.K. Kundu, the Barababu of Phoolbagan Police station at about 1400 hours.
and there was every likelihood of a serious rioting.
When she enquired what had happened, one of those assembled said that the police had severely assaulted her husband with lathi in the lake, her husband had became unconscious, and he had been taken to the doctor in a Tata Sumo Car.
In the companyplaint, she stated that she was a house wife and, that her husband Robindranath Das, was a businessman and a social worker.
She therefore prayed that the learned Magistrate be pleased to take companynizance and issue process against the accused persons and after their appearance pass necessary orders in accordance with law.
Therein, after referring to the companyplaint filed by the companyplainant, he submitted that on the self same matter on the written companyplaint of the companyplainant made on 12.5.2001, a case had been registered in the Phoolbagan Police Station as Case No.
ARISING SPECIAL LEAVE PETITION CRIMINAL NO.
The companyplaint was filed before the Magistrate on 28.5.2001 by the informant in the Phoolbagan Police Station case.
Accused No.
Her husband was in charge of giving food packets to the polling agents of a companytesting political party in the booth in C.I.T. office situated at Subhas Sarobar Beliaghata Lake .
The accused persons had taken advantage of their uniforms and had murdered her husband in a planned manner and hence were guilty of murder.
It is therefore learnt that one two persons while retreating at random jumped in Subhas Sarobar Lake and as result of which they might sustain injuries on their persons and out of aforesaid persons the victim Robindranath Das Topi was one of them.
This Court by order dated 28.7.2003 rejected the Petition for Special Leave to Appeal stating that there was numbermerit in it.
The companyplainant had filed the said companyplaint addressed to the Deputy Commissioner of Police, Eastern Division, Calcutta on 11.5.2001 basing upon which the case was registered on 12.5.2001.
In spite of repeated requests and begging for his life by her husband, the police companystable Sudhir Sikdar struck successive blows on the head of her husband, and other different portions of his body with a lathi, as a result of which her husband became unconscious and fell in the lake.
On 12.5.2001, Respondent No.1 hereinafter referred to as the companyplainant filed a companyplaint before the Deputy Commissioner of Police that she had companye to know from the members of the public that while her husband was companying from Beliaghata Subhas Sarobar he was beaten to death by the police.
Her brother and brother in law, with the help of others who were eye witnesses to the incident pulled out her husband from the water.
The husband of Respondent No.1 herein, met with his end on 10.5.2001.
On 10.5.2001, the General Election to the Assembly in West Bengal was held.
While she was returning, a Tata Sumo Car came along, being driven at speed and in that car she found a local resident Anath sitting.
Then the police personnel left the place.
