ANUPAM BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment an order of conviction dtd. 22/12/2021 and 23/12/2021 passed by Ld. Additional Sessions Judge, Special Court (EC Act), Alipur, South 24 Parganas in connection with Sessions trial no. 209 of 2001 arising out of Sessions case no. 71 (01) 2001 corresponding to Chitpore Police Station Case no. 324/99 dtd. 30/9/1999 whereby Ld. Judge convicted the appellant and sentence to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000.00and in default he was further sentenced to suffer simple imprisonment for a period of 6 months for the offence punishable under sec. 302 Indian Penal Code (for short IPC).

(2.) On 29/9/1999 at about 23:05/ 23:15 hours one Narayan Chandra Roy (Constable no. 7042), after his duty hours, boarded on a Double Dacker Trolly Bus bearing no. WB- 04/2145 of route L-9A for reaching his destination at Dunlop Police quarter, from Shayambazar crossing. After boarding he noticed altercation between some passengers including the appellant and Surendra Prasad Gupta (victim) who is also a co-resident of Shaymbazaar Police Quarter. He also noticed that those passengers were trying to assault victim and complainant tried to resist them. Those passengers along with the appellant assaulted both of them and abused in filthy languages. Ultimately appellant kicked the victim standing on the steps, with force and as a result of which both the complainant and victim fell down from the running bus. Victim sustained severe head injuries and he was taken to R. G. Kar Medical College and Hospital, Kolkata. Victim was admitted there for treatment and complainant was discharged after primary treatment.

(3.) Complainant Narayan Chandra Roy visited Chitpore Police Station and narrated all the incident to one Sub Inspector, Kanchan Garai attached to the Police Station recorded his statement and started Chitpore PS Case No. 324/99 dtd. 30/9/1999 under 307/34 IPC. The then officer in charge of the Police Station endorsed the said case to the Sub Inspector of Police, Kanchan Garai, for investigation.