RAKESH KUMAR MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Bandel GRPS Case No. 22 was started under Sections 307/326/342/384/34 of the Indian Penal Code against the accused persons including appellants on the basis of the FIR lodged by Narottam Chakraborty, a co-passenger, PW 1.

(2.) The prosecution case as unfolded before this Court is as follows:-

(3.) On usual investigation the Investigating Officer submitted charge sheet under Section 304(Part-I)/323/342 read with Section 34 of the Indian Penal Code. After the case was committed to the Court of Sessions the learned Trial Judge framed charges thereunder against the accused persons including the appellant to which they pleaded not guilty and claimed to be tried. Thereafter the prosecution examined as many as twenty-seven witnesses and on closure of evidence the appellant was examined under section 313 of the Code of Criminal Procedure, 1973 to which he had inclined to adduce evidence. The defence case as emerges from the trend of the cross-examination of the prosecution witnesses and from the statement of the accused recorded under section 313 of the Code of Criminal Procedure, 1973 is one of denial of charges levelled against him.