GOLAM SARWAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal arises from the judgment and order of the Additional Sessions Judge, 1st Court, Suri, Birbhum, in Sessions Case No. 70 of 2000 decided on 11th November, 2010.

(2.) Eighty one persons were charged for having committed offences under Sections 147, 148, 149, 326, 307, 302, 120B I.P.C. and Section 9B(2) of the Indian Explosives Act. Seventy six persons were committed for trial on 16th September, 2002. One of the accused was arrested later and he was tried along with the other seventy six accused. The Sessions Court, by its judgment, has convicted 44 of the accused under Section 302 read with Section 149 of the I.P.C. They have been sentenced to life imprisonment and a fine of Rs. 5000/- (Rupees five thousand only) and in default of payment of such fine, six months rigorous imprisonment for each offence. They have also been sentenced to suffer imprisonment for three years and a fine of Rs. 1000/-(Rupees one thousand only) for the offence under Section 148 I.P.C. The other accused have been acquitted.

(3.) Ghastly and vicious crimes have been committed in this case where 11 persons have been murdered. Before proceeding with the matter, it is necessary to mention here that investigation conducted in this case was abysmal reflecting an alarming state of affairs where the police did their utmost to ensure that the perpetrators of the crime went scot free. Statements of all the witnesses have not been recorded by the police. There is no seizure of the weapons used in the assault, nor of any other relevant articles. This is the sorry situation although there were three Investigation Officers who handled this case consecutively. The careless, perfunctory and lackadaisical investigation reflects a sad story and is a telling comment on the role of the police in this case. In spite of all these shortcomings this Court has attempted to sift the grain from the chaff in order to ascertain the truth of the prosecution case.