NAGENDRA PROSAD SINGH Vs. STATE

JUDGEMENT

(1.) The conviction and sentence passed by the learned Additional Sessions Judge, 4th Court, Burdwan in S.T. No. 30 of 1987 Sessions Case No. 81 of 1987 convicting the appellant under Section 304 Part-I/34 of the Indian Penal Code and sentencing him to suffer RI for 10 years and to pay a fine of Rs. 1,000/-. i/d RI for six months has been assailed in this appeal.

(2.) The scenario of the prosecution story as revealed in course of that is as follows: That on 30th March. 1985 at about 4-30-5 P.M. while the informant P.W. 1 Shambhu Majumder, and his father Anil Majumder. P.W. 2 were in their grocery shop situated at cross road No. 15 within. Chittaranjan Township, someone reported them that the victim Madhusudan was being taken with his cycle from the crossing of road No. 37 and crossroad No. 16, 5/6 RPF personnel forming an unholy gang were found to have dragged the victim and on the way they were assaulting him. The de facto complainant Shambhu Majumder said his brother Madhusudan being taken towards the RPF barrack and he was also beaten on the way. Among those RPF personnel he could recognise only to the appellant Nagendra Prosad Singh, Indrajit Singh and B. B. Singh. Nagendra was also found beating Madhusudan (victim) within RPF barrack. He was also beaten by 5/7 RPF men, as 8; result of which he became unconscious and was lying in the verandah of the barrack. On repeated requests by P.Ws. 1 and 2 to allow Madhusudan to be taken from the RPF barrack, the RPF personnel paid a deaf ear. Therefore, P.W. 2 Anil Majumder finding no way out informed the incident over phone to the local Police Station. Chittaranjan Police Station following receipt of the information had immediately swung into action.

(3.) P.W. 12 Bejoy Kumar Sharma as he was then SI of Police after having learnt about the incident rushed to the RPF compound at 18-15 hrs on 30th March. 1985 and arranged to shift the injured Madhusudan to KG Hospital. He registered a case after returning to the Police Station as P.S. Case No.3 dated 30th march. 1985 after collecting FIR from P.W. 1 Shambhu Majumder. In course of treatment in KG Hospital it has appeared that the injured Madhusudan Majumder succumbed to those injuries. P.W. 12 after completing the investigation placed the charge-sheet against the appellant as well as the two other accused namely, indrajit Singh and Brij Behari Singh under Section 302/34. I.P.C.