BIVASH CHANDRA DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the outset may we record our strong displeasure for disappearance of vital records from the file. It appears that the investigation records (4th and 5th file) including the statements of various witnesses made before the police under Section 161 of the Criminal Procedure Code are not available on the record. We are not sure as to whether those were lost during trial or during pendency of the appeal. However, we find that at the time of submission of the chargesheet those records were produced before the Court below. We are not sure whether there had been any foul play or not at least such apprehension cannot be brushed aside.

(2.) One Satya Charan Nath, being PW-1, made a written complaint with Tehatta Police Station on December 1, 1983 to the effect that his brother in-law Ganesh Nath purchased some land at Chhatina Manza for the village Garibpur from one Ananta Sikdar. Ganesh harvested baro paddy on the said land. The adjacent land owner being the appellant above named tried to dig for the purpose of making a drain through the land of Ganesh so that water could be flown to the land of the appellant. Ganesh informed Ajit Nath, Dulal Nath and Kartick Nath all sons of Panchanan Nath and Basudeb Nath and sought their help. Ajit, Dulal, Kartick and Basudeb rushed to the spot and found appellant along with his two brothers Sunil and Jamini as also others were digging and were trying to make out a drain through the land of Ganesh. Altercation took place, the appellant along with his companions attacked the other team with Tangi, Spear, Ramdao, Bow & Arrow, Lathi etc. The other group tried to flee away when they were chased. Ajit could not escape. He was assaulted along with Dulal, Kartick, Panchanan and Basudeb. Ajit died on the spot and other received injury and got themselves treated at the hospital. The incident was reported to have occurred at 8:30 a.m. On the said day the police started a case and arrested all the FIR named persons including the appellants. The police submitted chargesheet to thirty accused. Charges were framed under Section 147, 148, 149, 302 and 447 of the Indian Penal Code. The accused pleaded innocent and faced trial.

(3.) Altogether nine witnesses were examined by the prosecution. The doctor who did the postmortem was called by the Court as a Court witness. The accused however did not adduce any evidence. On perusal of the evidence it appears that Satya, PW-1 more or less corroborated what he had stated in the complaint. He narrated in detail the incident. According to him he also sustained injury and waited on the road side for about half an hour before he went for medical treatment. According to him, accused had chased them towards south and encircled them on the land of Jiten Nath where Ajit received injury and died on this spot. Kartick lost four fingers which were chopped off by the blow of Ramdao. Basu received blow of Ramdao on his right hand wrist. He also deposed that after the incident they carried the dead body to the land of Naba Kumar in order to provide shed of trees. He also deposed that the Police Officer came to the place of occurrence on being informed that a murder had been committed and Police Officer has written down his complaint. The injured persons including the victim were carried by police vehicle. PW-2 was another brother Kartick. He almost corroborated Satya, in addition, he deposed that of late Basu and Ganesh crossed the floor and involved themselves with the accused. He however got the information in Court on the day when he deposed. PW-3 was the son of Satya who more or less corroborated his father and uncle, in addition, he deposed that he gone away towards south on the village pathway and sat down in the shed of the trees for about half an hour. Dulal another brother of the victim family deposed that they were living in a separate mess. He also corroborated his other brothers and the nephew, in addition, he stated that they took meal in the morning on the said day whereas his nephew Panchanan deposed that on that day they could not take their meal. PW-5 and 6 were the Police Officers deposed that they went to the spot after being informed by one Kishori Pramanick that there had been some trouble. PW-7 was the Police Driver. PW-8 was the Investigating Officer. In another case PW-9 was the attendant at the Public Health Centre. PW-10 was the Constable who carried the dead body for post mortem examination.