STATE Vs. DILIP KUMAR SINGHA

JUDGEMENT

(1.) This is a Reference under Section 374 of the Code of Criminal Procedure dated July 17, 1969, by Sri S. K. Mitra, Additional Sessions Judge, Thirteenth Court, Alipore, for confirmation of the sentence of death passed by him on the accused-Appellant Dilip Kumar Singh alias Dilip Singh, who has been convicted under Section 302 of the Indian Penal Code in Sessions Trial No. 4 of May 1969 of the Thirteenth Court of the Additional Sessions Judge, Alipore. The accused-Appellant has also filed an appeal against the said order of conviction and sentence.

(2.) The prosecution case brings to light an unfortunate case of a girl in her teens being done to death. One Chinta Haran Pal, a head constable of the Armed Police Battalion resided in quarter No. H. 89 of the Patulia Government quarters, along with his family consisting of his wife Sm. Apala Pal (P.W. 7), his brother-in-law Sabyasachi Guha (P.W. 1) and his three children, viz. Shelly alias Kalpana Pal (P.W. 2), Supriya Pal (P.W. 3) and Subrata Pal (P.W. 4). ' Opposite to the said quarter lived one Jatin Das, another head constable of the said Battalion, with his family in quarter No. H. 75-. Jatin's family consisted of his wife Sm. Sabita Das (P.W. 8) and his daughter Mira alias Anamika Das, who is the victim. On August 28, 1968, at about 8 p.m. the aforesaid Mira came from quarter No. H 75 to Chinta Haran Pal's place at quarter No. H. 89 with some rice-cakes. She went inside the quarter and kept the cakes in the kitchen which lies on the eastern end of the adjacent verandah op the north of the" ghar. Thereafter when she was returning to the bed-room of the aforesaid quarter No. H. 89 after washing herself, and while she was still in the verandah she was shot on the right chest with a rifle by the accused Dilip Kumar Singha alias Dilip Singh, who is also a constable of this very Armed Police Battalion. The prosecution case is that the accused had in the meanwhile entered into the room of the said quarter with a rifle in his hand and was in khaki Police uniform with white keds on his feet. He had a Police cap on his head and was wearing a belt containing ammunition and a bayonet. He had previously managed to secure the rifle from the custody of the sentry at Latbagan on the fraudulent representation that he had been asked to proceed to Durgapur and the rifle and the ammunition were required to be redeposited with the magazine before he left for Durgapur. A command certificate was produced by him before the sentry and he took delivery of the rifle and the ammunition. At the time of the incident the children of Chinta Haran Pal and his brother-in-law were present in the room. They are all witnesses to the occurrence. The victim girl, aged about 13 or 14 years, was a student of Class VIII at tire local Girls' School. On being shot she fell down bleeding profusely on the verandah of the ghar and was removed to the B. N. Bose Hospital. The accused was caught after a scuffle and was disarmed by Sabyasachi with the help of his sister and one Prafulla. When the Police came the accused was made over to them. When brought to the hospital, Mira was declared dead. An inquest on the dead-body and a post-mortem examination were held at the instance of the Titagarh P.S., on receipt of an information from the hospital. Photographs of the dead-body were taken and the wearing apparels were seized. In the meanwhile, an information to the Khardah P.S. was also sent over the phone from the Police camp situated in the Government quarters. The O.C. of Khardah P.S. came to the hospital and recorded the statement of Sabyasachi (P.W. 1) on the basis of which a first information report was drawn. P.W. 34 Sunil Kumar Monda, who investigated into the case, arrested the accused, seized the rifle as also the fired bullet-head and case, along with other bullets together with the wearing dress, including the ammunition belt and the bayonet of the accused. He also seized blood-stained and ordinary cement plaster from the place of occurrence and prepared a sketch map. The rifle, the fired bullet, the two unused cartridges and one fired cartridge case seized by him were sent to the arms expert-cum-scientific officer attached to C.I.D., West Bengal. The blood-stained cement plaster and other articles seized were sent to the Forensic Science Laboratory. Reports were received from both those quarters as also the post-mortem report, to the effect that the girl died as a result of gun-shot which was ante-mortem and homicidal in nature. The I.O. examined witnesses and seized several documents from Latbagan on the basis of the seizure list. On completing the investigation he submitted a charge-sheet against the accused under Section 302, Indian Penal Code. After a preliminary enquiry held by the committing Court, the accused was sent up for trial to the Court of Session to answer a charge under Section 302, Indian Penal Code, for intentionally causing death of Mira alias Anamika Das.

(3.) The accused pleaded not guilty and the defence case, as can be gathered from the trend of cross-examination, as also from the statement under Section 342 of the Code of Criminal Procedure appears, inter alia, to be that on the date of the occurrence at about 3-30 p.m. the accused was asked to go back to Durgapur; that in pursuance thereof he dressed himself in Police uniform and came to his brother's quarter No. D. 15 in the Patulia Government quarters on his way to Durgapur; that while he was returning after the said visit to his brother's quarter, P.W. 1 Sabyasachi called him ; that when he entered the quarter No. H. 89, he had an altercation with the said Sabyasachi who told him not to have talks with Mira and to pass by that area; that not content with the same, Sabyasachi also brought out a rifle kept in the corner of the bedstead ; that the accused at once caught hold of the top of the rifle; that a scuffle ensued for two or three minutes followed by the sound of a bullet-shot; that as soon as the bullet was shot, Sabyasachi threw away the rifle and assaulted him; that as a result he was left unconscious in the courtyard; and that he did not know what happened thereafter. Thirtyfour witnesses were examined on behalf of the prosecution and a large number of documents were exhibited and the Additional Sessions Judge, Thirteenth Court, Alipore, 24-Parganas, by his order dated July 11, 1969, convicted the accused-Appellant under Section 302, Indian Penal Code, and sentenced him to death. He also made a reference under Section 374, Code of Criminal Procedure, to this Court for confirmation of the said sentence.