ANIL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is directed against the Judgment dtd. 12/04/2011 and Order of sentence dtd. 13/04/2011 passed by the Additional Sessions Judge, Fast Tract 1st Court, Alipore, in Sessions Trial No. 01 (10) 2006 whereby the Appellants were convicted of offence under Sec. 304 of the Indian Penal Code.

(2.) The de-facto complainant is the mother of the deceased Subhas Sribastab.

(3.) The deceased Subhas Sribastab was a private tutor. The Appellant No. 2 Swapan Das was his old friend. The deceased was private tutor of the son of the Appellant No. 2 and 3. A love-affair developed between the Appellant No. 3 and the deceased also it is in the allegation that all the Appellants black-mailed the deceased and extorted lump-sum amount from him. On the fateful day namely 12/01/2004, the deceased Subhas left his residence at 10:30 A.M. for the residence of the Appellants. At about 3:10 P.M., the Appellant No. 2 came to the residence of the de- facto complainant and informed that Subhas consumed poison. He was taken to a doctor's chamber. On hearing this the de-facto complainant rushed to the doctor's chamber where Subhas was found lying on a bench. Thereafter he was taken to S.S.K.M. Hospital where he was admitted as in-patient. After few hours Subhas expired. Hospital report showed that cause of death was poisoning. Because of such unnatural death, the matter was reported to Bhowanipore Police Station and entry was made in the General Diary. It is alleged by the de-facto complainant that the Officer-in-Charge of Rabindra Nagar Police Station refused to register her complaint. Subsequently the matter was brought to the notice of the same police station by aletter sent by registered post on 27/02/2004. On 13/01/2004 the Officer-in-Charge of Bhowanipore Police Station sent a requisition for report of unnatural death to Metiabruz Police Station. Thereafter, Metiabruz Police Station sent all the papers to the Officer-in-Charge, Rabindra Nagar Police Station.