BAIDYANATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an appeal preferred against the order of conviction and sentence passed by the Id. Additional Sessions Judge, 5th Court, Alipore in Sessions Trial No. 1(5)92 on 10.2.93.

(2.) Shortly put and shorn of details, the prosecution case is that on 3.10.1979 at about 15.00 hrs on receipt of a telephonic information from one Omkar Singh that one Shaktipada Chakraborty, aged about 25/26 years, of 20/5, Pottary Road, was stabbed on Pottary Road in front of Durga Maidan by accused Baidyanath Ghosh, Binoy Das, Samir Ojha, Adhir Mondal and others of that locality at about 13.30 hrs. and that the victim was removed to N. R. S. Hospital where he was declared dead. S. I. Bireswar Chakraborty recorded a G. D. being Entally P. S. G. D. E. No. 204 of the said date followed by his going to the P. O. to verify the authenticity of the telephonic message and recording the statement of informant Omkar Singh and registering Entally P. S. Case No. 376 dated 3. 10.1979 against those accused persons after coming back to the P. S. After completion of investigation, chargesheet was submitted against the accused persons.

(3.) The case ended in conviction and sentence against other accused persons and the trial could not be held against the present accused Baidyanath as he was a long absconder.