NRIPEN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The shoddiness and callousness of the State machinery in the Administration of Criminal Justice is writ large in this case. The Executive Magistrate who has allegedly recorded a dying declaration has done so without any knowledge of law. The perfunctory job done by the Investigating Agency is apparent from the lack of cohesiveness and the failure to recover the weapon of assault. The time of death of the victim has not been ascertained. The Trial Court while recording the statement of the appellant under Section 313 of the Cr.P.C. has not made him aware of his rights available under Section 313 of the Cr.P.C.

(2.) The case of the prosecution is that the appellant entered the house of the deceased while he was having his dinner at about 10.30 p.m. and assaulted him with a sharp edged weapon. The mother of the deceased was present and she raised a hue and cry due to which the brother of deceased and other villagers rushed to the spot. They learnt of the incident from the mother of the deceased. The victim who was injured was immediately admitted to a hospital in Jalpaiguri. He was treated there and died 24 days after he was assaulted. The so-called dying declaration of the victim has been recorded by the Executive Magistrate. On his death in the hospital, an inquest report was prepared. The appellant was absconding initially and surrendered before the Court on 22.11.1999. The appellant was charged for having murdered the victim, Paritosh Debnath. As the appellant claimed to be tried, the Sessions Court tried the case against him.

(3.) The prosecution relied on the testimony of 12 witnesses in order to prove its case against the appellant. PW 3, the mother of the victim, is the only eye-witness to the incident. She has stated that the appellant who was her neighbour stabbed her son on his left side with a dagger. This happened when she was serving dinner to her son. She raised a hue and cry and her son Sushil Debnath, PW 1, reached the spot. According to her, the assault occurred just before PW 1 entered and the appellant managed to flee away. She has also mentioned that others rushed to the spot. Thereafter her son was admitted to the hospital where he died 24 days later. In her cross-examination, she has admitted that she could not remember whether there was a supply of electricity in her village at the relevant time. She has mentioned that the police, who arrived on the spot, seized the blood-stained earth and the utensils which were used for cooking.