DHANESWAR DAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted for the offence of committing murder of his brother, Naresh Das, under Section 302 of the Indian Penal Code as also for the offence of causing disappearance of evidence of offence under Section 201 of the Code. In respect of offence under Section 302 of the Code, he has been sentenced to undergo imprisonment for life and pay fine of Rs.5,000/ - in default of which further sentence of simple imprisonment for six months has been prescribed. As regards offence under Section 201 of the Code, rigorous imprisonment for three years has been awarded as punishment and he has been directed to pay fine of Rs.1,000/ -, in default of which he is to undergo simple imprisonment for further three months. The sentences have been directed to run concurrently by the Additional District and Sessions Judge, Fast Track 9th Court at Bichar Bhavan, Kolkata, who found the appellant guilty.

(2.) Prosecution case is that on 23rd November, 2009, at about 9 A.M. the appellant had assaulted his brother, Naresh Das (victim) with repeated blows from a bamboo stick over a quarrel. The place of occurence as described is the footpath in front of 208, M.G. Road in Kolkata. We find from evidence on record that the victim used to sell chappals (slippers) on the footpath. The appellant himself, with the help of others had removed the victim to the Medical College & Hospital, Kolkata as per the statement of one Sanjay Rai, who has deposed for the prosecution as an eyewitness (prosecution witness no. 1). It is on the basis of his statement, recorded by the Investigating Officer, the formal FIR was registered. No complain to the police was made immediately after occurence of the incident. From materials on record, being part of Exhibit 19, we find that the doctor was informed at the hospital that injury was sustained as the victim had fallen down on the road. The Investigating Officer, Saroj Praharaj, (prosecution witness no. 20), a sub - inspector with Burrabazar police station at the material point of time, has deposed that he was informed by the P.W. 1 about occurence of the incident while doing his rounds in course of duty near the place of occurence. As per his evidence, he was allocated duty on that date between 3 P.M. and 9 P.M. He found a crowd there at that point of time, and had examined other persons in the crowd. Thereafter, he reached the hospital and found the victim admitted there. At the hospital, son of the victim, Sudheer also narrated to him the incident. He recorded the statement of Sudheer at the hospital. He spoke to the junior doctors, collected medical records and returned to the place of occurence, where he examined the available witnesses. He informed the Officer -in -charge of the police station of the matter and arrested the appellant at the crossing of Netaji Subhas Road and Mahatma Gandhi Road. This is a busy crossing in the area known as Burrabazar, the trading hub of the city of Kolkata. Statement of Sanjay Rai was recorded by the I.O. (P.W. 20), which was read over and explained to him, and his left thumb impression was obtained thereon. This formed the foundation of formal F.I.R., registered at 21.45 hours on 23rd November itself in which the appellant was implicated as accused and was shown to be in custody. Burrabazar P.S. Case No. 257 dated 23rd November 2009 was started on that basis. At that point of time, case was started for attempt to commit murder, under Section 307 of the Code. The next day, i.e. 24th November 2009, the Death Certificate was sent to the police station through Bowbazar police station. After that, the same was recorded in the General Diary, and charge was amended to offences under Sections 302/201 of the IPC.

(3.) The postmortem report reveals that the victim expired at about 7 A.M. on 24th November 2009. Inquest was made at the morgue by Subrata Kumar Ghosh, an Assistant Commissioner of Police, Central Division holding the power of special Executive Magistrate, Coroner's Court, on 25th November 2011. He has been examined as Prosecution Witness No. 15. Postmortem was conducted by Dr. Prabir Chakraborty (P.W. 16), who found injuries under twenty three heads, mainly on head and upper part of the body of the victim. These injuries have been detailed in deposition of the P.W. 16 as: -