RAJKUMAR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for transfer of investigation in a criminal case. Report filed by the State is also taken on record.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The private respondents had mercilessly hit the petitioner's son with a baseball bat on his head. He had to receive treatment in a hospital for about seventeen days. The victim suffered fracture injuries on his head. In spite of this, the case was registered only under Sec. 307 of the Penal Code. No charge under Sec. 326 of the Penal Code was imputed. No statement of the victim was recorded under Sec. 164 of the Code. Even the person who had taken the victim to the hospital from the place of occurrence was not examined. The blood stained apparel was also not seized.

(3.) Learned senior standing counsel representing the State denies any allegation of police inaction and submits as follows. The victim was not in a position to give a statement initially. However, now a statement of the victim under Sec. 161 of the code has already been recorded. Today is the date fixed for recording of statement under Sec. 164 of the Code of the person who had taken the petitioner to the hospital. Wearing apparel of the victim was thrown away from a running car by the common friends of the victim and the accused.