DIBAKAR CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) The present revisional application has been directed against an order dated 2.7.2001 passed by the learned Additional Sessions Judge, 1st Court, Howrah thereby framing charge against the accused persons under section 306/34 of the Indian Penal Code in case No. S.T.-II/ April/2001.

(2.) A case was registered with Shibpur Police Station on the basis of a complaint lodged by one Shambhunath Ganguly reporting the commission of suicide by one Suhrid Ganguly. It was alleged in the First Information Report that the deceased Suhrid Ganguly had a telephone connection which had gone out of order. He informed the matter to the concerned Telephone Department. It was alleged that the two accused person, who have been described in the FIR as one Mr. Chakraborty (Lines man) and another person having beard of the Telephone Department, demanded a sum of Rs. 50/- illegally from the deceased Suhird for repairing the said Telephone connection. It was alleged that as the deceased refused to pay the said amount of money to the accused persons, they refused to repair the Telephone connection which was lying out of order for a considerable period. On the contrary they threatened the victim. The victim reported the matter to one Mr. Karmakar, who assured him to look into the matter. It was further alleged that being tortured by the Telephone Linesmen and in order to protest the illegal demand/bribe of the telephone employees, the victim committed suicide after writing a suicidal note.

(3.) The learned trial Judge by the impugned order framed charge under sections 306/34 of the Indian Penal Code and fixed the dates of recording evidence on and from 10.8.2001 to 16.8.2001. It is at this stage the petitioner has come up before this Court challenging the order of framing of charge.