KHOKAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeals are directed against the judgment and order of the Additional Sessions Judge, 5th Court, Alipore, South 24 Parganas, in Sessions Trial No.2(9)2000 dated 8th December, 2004. While 6 out of 11 persons accused in this case have been acquitted by the Trial Court, all the 5 appellants have been convicted and sentenced to suffer imprisonment for life and to pay fine. Khokan Das, Basudeb Majumder @ Basu and Ajoy @ Harey Ram Singh, i.e., the appellants in Criminal Appeal No.71 of 2005 have been found guilty of the charge punishable under Section 120B of the IPC read with Section 302/34 of the IPC. Tarak Halder @ Buro, the appellant in Criminal Appeal No.74 of 2005 has been found guilty of the charge punishable under Section 120B read with Section 302 of the IPC. Lalu Shaw, the appellant in Criminal Appeal No.82 of 2005 has been convicted of the charges punishable under Sections 109 and 120B of the IPC read with Section 302/114 of the IPC. Each of them has been sentenced to suffer life imprisonment and payment of fine of Rs. 2000/- and in default of such payment to suffer rigorous imprisonment for two months.

(2.) Gurupada Bagchi, an activist of the CPI(M) Party was shot on 23rd January, 2000 at about 7.30 a.m. in the C.I.T. Market, Kasba. PW 1, Tumba Chanda filed a complaint to that effect with the Kasba Police Station on the same day at about 7.45 a.m. He filed the complaint after learning of the incident and being told in the market that some miscreants encircled Gurupada Bagchi while he was purchasing fish and shot him beside his ears. He was taken to the police station by the complainant, Nemai Purkait and Nepal Saha in a taxi and thereafter to the SSKM Hospital. On examination by the doctor at the hospital the victim was declared dead. Kasba P. S. Case No.30 dated 23.01.2000 was started against unknown accused persons under Section 302 read with Section 34 of the IPC and under Sections 25 and 27 of the Arms Act. The investigation was later taken over by the CID. The appellants and six other persons were arrested on different dates. They were charged for having conspired in December, 1999 to murder Gurupada Bagchi. The charge-sheet was submitted against all the 11 accused. The case was committed to the Sessions Court. All the accused claimed to be tried and the trial commenced before the Sessions Court.

(3.) The charge indicates that the accused persons including Khokan Das, Basudeb Majumder, Harey Ram, Tarak Halder and Lalu Shaw in or about the month of December, 1999 conspired to murder Gurupada Bagchi with others and in pursuance of that agreement and conspiracy, some of them had committed the offence of murder of Gurupada Bagchi and were liable to be punished with death or imprisonment for life and because they were part of the conspiracy they had committed an offence punishable under Section 120B of the IPC. The second charge was that in pursuance to the agreement and criminal conspiracy and as a member of the conspiracy some of the accused had committed the murder of Gurupada Bagchi on 23rd January, 2000 aided and abetted by the accused and had thereby committed an offence punishable under Section 120B read with Section 302 of the IPC. Khokan Das, Basudeb Majumder and Harey Ram have been accused of committing murder of Gurupada Bagchi in furtherance of their common intention and in pursuance of a criminal conspiracy punishable under Section 302 of the IPC read with Section 34 of the IPC. Another charge-sheet has been filed where Tarak Halder has been charged along with other accused including Naresh Jain, Shyam Raut etc. for abetting the commission of the offence of murder of Gurupada Bagchi by Khokan Das, Basudeb Majumder and Harey Ram. Thus committing an offence punishable under Section 109 read with Section 302 of the IPC. Lalu Shaw has been charged with abetting Khokan Das, Basudeb Majumder and Harey Ram in murdering Gurupada Bagchi. The charge mentions further that since he was present when the murder was committed in pursuance to the abetment and conspiracy, he must be deemed to have committed the offence of murder punishable under Section 302 read with Section 114 of the IPC.