AMIR KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On July 8, 2001, two young boys, Gaya Das and Sanjoy Das, were seen together near Hati Bagan by PW-2, going by a bicycle. PW-1 saw them on the bank of the river Ganges in Battala Ghat. They were talking to each other using filthy language. There was heated exchange. Suddenly Gaya pushed Sanjoy. He fell down in water, cried for help. PW-1 asked Gaya to save him. When PW-1 went to save Sanjoy, he had already drowned. Gaya left the place with the cycle brought by Sanjoy. PW-1 initially tried to prevent him from being fled, however, because unsuccessful.

(2.) The parents lodged a missing diary at Bastola Police Station on July 8, 2001. On the next day, his father came to know that Modhusudhan Paul had called Sanjoy. He was a dancer in a group run by Modhusudhan. The petitioner Amir Kumar Das, father of Sanjoy, lodged a complaint against Modhusudhan. Five months later, Amir came to know that Sanjoy was last seen together with Gaya in the locality. He then lodged a complaint with the Police. On December 13, 2001, Police arrested Gaya. According to Amir, Gaya made a confessional statement to the Police on August 23 2001. Gaya also stated that Guru Pada had witnessed the incident. On April 11, 2002, the Police could find out Gurupada and applied to the Magistrate for recording his statement under Section 164. Ultimately, on May 13, 2002, they had written to the 8th Metropolitan Magistrate regarding his statement. The Police charged Gaya under Section 302. Gaya pleaded innocence and faced trial.

(3.) PW-1 Gurupada, stated that he had witnessed the incident on July 8, 2001, as referred to above. PW-7 Kashinath deposed that he saw the victim and Gaya on the river bank. PW-7. Kashi Nath corroborated Guru Pada. PW-2 Raghu Nath deposed that he saw. He had seen Sanjoy in the company of Gaya at about 3/3:20 p.m on July 8 2001 at Hati Bagan. PW-5 Gautom deposed that PW-1 had stated to him about the incident. Fact remains, the dead body could not be found. The learned Judge, upon considering all evidences, acquitted Gaya after discharging him from all the charges leveled against him. The Learned Judge observed that prosecution failed to establish the charges leveled against him beyond all reasonable doubt.