AMIT SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case may be aptly titled: "The Mystery Of The Missing Ring".

(2.) Shyam Prasad Roy, a lawyer by profession, used to reside alone in the second floor of his ancestral house situated at 24A, Park Side Road, Kolkata 700026. In the afternoon of 14.08.2007 a neighbour (P.W. 4) heard him calling 4/5 youths upstairs to his second floor residence. In the morning of 16th August, 2007 local people complained to police that foul smell was coming from the said flat. P.W. 21, police officer attached to Tollygunge Police Station went to the spot. Salil Prasad Roy, elder brother of Shyam Prasad Roy, had also arrived there. On entering second floor room occupied by Shyam Prasad Roy, he found the door of the room open and noticed a heap covered with a mat on the cot. On removing of the mat he saw the body of Shyam Prasad in a kneeling position with his hands and legs tied with a rope from behind. His mouth was gagged. His body was sent to S.S.K.M Hospital where he was declared dead. P.W. 21 recorded the statement of Salil Prasad Roy who stated Shyam Prasad Roy used to reside alone as he was estranged from his wife and the latter was residing with her child at her parental home. A divorce proceeding was pending between them. Statement of Salil Prasad Roy was treated as First Information Report and Tollygunge P.S. case no.222 dated 16.08.2007 under section 302/120B IPC was registered for investigation against unknown accused persons. Post-mortem of the body revealed Shyam Prasad had suffered homicidal death which occurred 66 to 70 hours ago that is, between 6.00 p.m. to 10.00 p.m. on 14.08.2007.

(3.) During investigation it came to light Shyam Prasad used to attend races. At the race course he had met one Biplab Ghosh (P.W. 18) to whom he claimed he possessed various rare items including an antique ring. He showed Biplab the ring once or twice. Shyam Prasad also got acquainted to Amlan at the race course. He expressed his desire to sell the ring to Amlan. Accordingly, Amlan and his associates namely Badal, Bijoy, Sanjoy and Arindam alias Babla brought a customer to him. Subsequently, in the first week of August, 2007 Amlan and Arindam alias Babla asked him not to sell the ring through anyone except themselves failing which the consequences would not be good. This negotiation is alleged to have taken place in the presence of one Arindam Mallick, P.W. 3, an old school friend of Amlan. On the 14th of August, 2007 Amlan is alleged to have talked to Arindam over phone requesting him to accompany them to the house of Shyam Prasad for negotiations regarding the ring. Arindam declined to do so. In the afternoon of the same day P.W. 4, a neighbour of Shyam Prasad heard the latter call 4/5 boys upstairs to his residence. Thereafter Shyam Prasad was not seen by anyone. On the next day it is alleged the appellants had shown the antique ring to P.W. 5, Arit Kumar Roy, a gym instructor attached to Simla Bayam Samiti and a friend of Arindam alias Babla. P.W. 20, supplier of building materials residing at Chetla, while going to fetch his daughter from Carmel school noticed a black santro car standing in front of the house of Shyam Prasad and the appellants (except Sanjay) entering the residence of Shyam Prasad. Investigation also revealed Amlan had hired a santro vehicle bearing no.WB02T/9299 from P.W. 16 which was driven by Ram Mondal. It was also revealed during investigation, soon after the incident Sanjay had secreted himself in a hotel named Crown lodge under the pseudo name, Monojit Chatterjee and was arrested from that hotel.