In the meantime, the other brother Samir, who was trying to get into the house, was caught hold of by some of the respondents and respondent 1, Shew Mangal Singh, fired a shot at him.
They dragged him out of the house, whereupon respondent 4 fired a shot at him.
According to the High Court, the police, while on patrol duty, were companypelled to open fire after respondent l, Shew Singh, received injuries as a result of the mob violence.
Ranjit and Samir were then taken to R. G. Kar Hospital, where Ranjit was declared dead.
Their brother Benoy was taken into custody by the Police Officers and was produced before a Magistrate on the following day, when he was released on bail.
Samir died within a few minutes thereafter, before any medical assistance companyld be given to him.
The learned Additional Chief Metropolitan Magistrate, Calcutta, issued process against the respondent but refused to do so against the two other officers on the ground of want of sanction for their prosecution under section 197 of the Code of Criminal Procedure.
Benoy Chakraborty P. W. l admitted in his evidence to have stated in the companymittal Court that newspapers had reported seven or eight murders between August 1970 and April 1971.
Thereafter the Deputy Commissioner of Police gave firing orders, as a result of which Ranjit and Samir received injuries.
The companyplainant applied for sanction under section 197 Cr.
In July 1977, after the change of Government, the companyplainant filed another application for sanction, which was granted on August 4, 1977.
On an analysis of the prosecution evidence, the High Court found it impossible to hold that the incident in question had happened in the manner alleged by the prosecution.
From the judgment and order dated the 1st August, 1980 of the High Court of Calcutta in Criminal Appeal No.
The prosecution was initiated on the basis of a private companyplaint filed on December 22, 1970 by Benoy Chakraborty W. l .
A sitting Judge of the High Court and a member of the Higher Judicial Service were killed in Calcutta during that period.
But the officers filed a petition in the High Court under Article 226 of the Constitution challenging the order of sanction.
The respondents, who are all Police officers, were tried by the learned Judge, City Sessions Court, Calcutta, under section 302 read with section 34 of the Penal Code, on the charge that at about 10.00 p.m. On November 11, 1970 they, along with Bibhuti Chakraborty the then Deputy Commissioner of Police North Division , P. R. Dey, the then Assistant Commissioner of Police N.S. and some others, caused the death of Ranjit Chakraborty and Samir Chakraborty by causing them gunshot injuries.
The companytention of respondents 1 and 2 is that they were implicated falsely in the case after an attempt to pressurise them into deposing against the Deputy Commissioner had failed.
The case of the prosecution is that the deceased Ranjit and his brother Samir were sitting outside their house when three police vehicles carrying the respondents and other Police officers, numbering about 15 or 20 in all, suddenly stopped in front of the house.
Manicklal Ghose P. W. stated in his evidence that many murders were companymitted during 1970 71 within the jurisdiction of A the Shyampukur Thana.
Thereupon respondent 3 Anil Maitra who was sitting in a jeep, fired a shot at him.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Criminal No.
In addition to the four respondents, Deputy Commissioner Bibhuti Chakraborty and Assistant Commissioner R. Dey were also included in the array of the accused.
P. Chatterjee, A.K. Ganguly and B. K Chatterjee for the Petitioner.
18 of 1980.
Political leaders, businessmen and members of the Police Force also met with their death during that period of turbulence.
18 of 1980.
The other Police officers, including some of the respondents, also fired at Ranjit.
Samir and Ranjit were thereafter dumped in to a Police jeep and the companyvoy of the Police officers went to a place near Rajarghat on the bank of the river Hooghly.
Ranjit disclosed that he was a companystable of the Calcutta Police and Samir said that he was an N. V. F. cadet.
A learned single Judge dismissed that petition but in appeal, a Division Bench of the High Court set aside the order sanctioning prosecution on the ground of mala fides on the part of the State Government and on the ground of violation of the rules of natural justice.
K. Sen, D. N. Mukherjee and N. R. Choudhury for Respondent Nos.
1.4 The Judgment of the Court was delivered by CHANDRACHUD, C.J This Special Leave Petition is filed by the State of West Bengal against the judgment of acquittal dated August 1, 1980 passed by the High Court of Calcutta in Criminal Appeal No.
He was immediately removed by respondent 2 and P. R. Dey, the Assistant Commissioner of Police, to the R.G. Kar Hospital.
The Police officers, led by Bibhuti Chakraborty, rushed towards them and their elder brother Benoy, with revolvers in their hands.
The defence of the respondents is that they were on patrol duty Led by Bibhuti Chakraborty, the Deputy Commissioner of Police.
P. C., for the prosecution of the two officers but his application was rejected.
Respondent 2, Chitta Ranjan Ganguly, and respondent 4, Bimal Thakur pursued Ranjit who had in the meanwhile rushed into his house.
When the police party entered Shyampukur Street, they were attacked by some persons, as a result of which respondent 1 Shew Mangal Singh was injured.
3459 of 1980.
Bibhuti Chakraborty then fired a shot from his revolver at Ranjit from a point blank range.
Some of the Police officers who were sitting in an Ambassador car ordered that Samirs voice should be silenced.
The judgment of the High Court shows that in the year 1970 71 certain parts of the State of West Bengal, including the City of Calcutta, were passing through a critical period of lawlessness on account or the Naxal Movement.
Samir was crying in agony.
