SHEW MONGAL SINGH Vs. STATE,

JUDGEMENT

(1.) THE four appellants before us, who are all officers of the Calcutta Police, were tried in the Court of Sri Raghabendra Banerjee, Judge City Sessions Court, Calcutta in Sessions Trial No. 1 of November 1979 on two counts under Section 302 read with Section 34 of the Indian Penal Code on the allegation that they had on November 11, 1970 at about 9.50/10.00 p.m. at Shyampukur Street, Calcutta along with Bibhuti Chakraborty, the then Assistant Commissioner of Police (N.S.) and others had caused the deaths of Ranjit Chakraborty and Samir Chakraborty, the sons of Harshanath Chakraborty of 71/4, Shyampukur Street, Calcutta, by gun shot injuries.

(2.) THE learned Judge by a judgement and order dated January 18, 1980 found all the appellants guilty on both the counts and sentenced them to suffer imprisonment for life on each count - the sentences being directed to run concurrently.

(3.) THE prosecution case briefly stated is as follows : - One Harshanath Chakraborty (P.W. 5), a retired A.S.I. of the Calcutta Police, resided in a flat at No. 71/4, Shyampukur Street within police station Shampukur in Calcutta along with his wife and other members of his family. He had seven sons of when P.W. 1 was the eldest. The second son Ranjit, a constable of the Calcutta Police, and the third son Samir, who was a N.V.F. Cadet, were killed as a result of police firing on the date of the incident.