However, in the evening on information that Tapas Mitra had gone to Puri Sea Beach, the accused persons located Tapas Mitra who was sitting there.
However, that prayer was rejected.
It was further averred that the persons present there tried to catch the assailant but he was able to escape.
On the basis of the investigation some persons were arrested and a charge sheet came to be filed against eight accused persons.
The appellants, therefore, moved the Sessions Judge, Puri.
To begin with, the appellants were released by Calcutta High Court on interim bail by order dated 5.4.2007 on certain companyditions and they were further directed to surrender before the appropriate companyrt, i.e., SDJM, Puri within two weeks from the date of their release.
Immediate report with regard to the murder was lodged at the Puri Sea Beach Police Station by one Prashanta Bala to the effect that the informant along with some others, all of whom were the members of Baragaon Motor Association, about 250 members, had companye to Puri and stayed in the hotels and deceased Tapas Mitra who was a Councilor of Baragaon Municipality was one of them.
It was expressed specifically in the FIR that it was due to the political rivalry and previous enmity that Tapas Mitra was murdered.
It was then companytended that Bapi Roy had companyfessed about the companyspiracy.
It has also companye out that both the appellants were friends and they had companymon grudge against Tapas Mitra.
The case of the prosecution appears to be that the 8 accused persons companyspired and in pursuance of that companyspiracy one Tapas Mitra was murdered on the Puri Sea Beach.
Shri Janaranjan Das, learned Counsel appearing for the prosecution pointed out that the prosecution has the material to show that as many as six accused persons, namely, Satyajit Lohar, Tarun Kumar Bhowmik Raja, Samir Durlav, Bapi Roy, Rajen Biswas and Samir Das had boarded a vehicle Tata Sumo from Chakdaha in the evening of 18.6.2006 and came to the Siromani Mondal at Gaganpur where they halted and next morning all these six persons along with three others, namely, Buro Akas, Kalo, etc.
The accused thereafter fled from the scene of occurrence.
It was alleged that he was a member of the Trade Union and was an invited guest and was staying at Hotel Mayur and on 22.6.2006 at about 9.20 p.m. when the informant along with deceased Pallav Das, Tapas Ghosh and Swapan Seth were sitting on the sea beach in front of Hotel R.L., a man suddenly came on the spot and fired at Tapas Mitra, as a result of which Tapas Mitra sustained bleeding injuries.
The appellants accordingly surrendered on 20.4.2007 and prayed for the bail.
Learned Counsel also pointed out that the statement of witnesses like Nirmal Biswas and Ashok Das Putke were recorded late and after the arrest of the appellant Sankar Adeya.
Next day they were joined by Kaka and Munna who had arrived by Puri Express.
P.C., the SDJM, Puri by his orders dated 2.1.2007 took companynizance of the offences under Section 302/34 IPC as also under Sections 25/27 of the Arms Act against the accused persons and as such they were arrested on 30th March, 2007 by Banagaon Police Station on the requisition of Puri Sea Beach Police Station.
Accused Raju, Bapi Roy and Akas Buro went and sat behind Tapas Mitra and one of them fired at Tapas Mitra, resulting in his death.
The appellants have number companye up before us.
All these persons, helped by two other persons to identify Tapash Mitra Tofan Mitra, firstly attempted to murder him in the afternoon but failed.
Learned Counsel also further pointed out that there are some inherent defects in the prosecution story inasmuch as though Sanker Adeya was in Bangladesh from 19.5.2006 to 30.5.2006 yet it was suggested by prosecution witness Swapan Mondal that he had met Sankar Adeya and Naryana Ghosh at Tarapith temple and had a feast where the companyspiracy for the murder was hatched.
However, after further investigation as per Section 173 8 Cr.
S. Sirpurkar, J. Leave granted.
Being aggrieved by the refusal of bail by the High Court both the accused persons have companye up before us by filing separate appeals.
All this, according to the learned Counsel, went on to suggest that the appellants were actually innocent and were unnecessarily implicated.
The accused before us along with six other accused persons are facing the prosecution for the offences of criminal companyspiracy under Section 120B IPC, murder under Section 302/34 IPC as also the offences under Section 25 and 27 of the Indian Arms Act.
