A ISHAQUE ALIAS MD ASHFAQUE CHOWDHURY Vs. STATE

JUDGEMENT

(1.) This is a Rule issued on the Chief Presidency Magistrate, Calcutta, requiring him to show cause why two orders, dated 30-4-1957 and 1-5-1957 respectively, passed by Shri F.M. Sanyal, Presidency Magistrate, in the course of a commitment proceeding against the petitioner should not be set aside or such other order or orders passed as this Court may deem fit and proper. By the impugned orders, the learned Magistrate rejected the Petitioner's prayer to direct the prosecution to produce more witnesses of the actual commission of the alleged offence and also to examine some witnesses on his own account in the interest of justice.

(2.) The case arose out of an incident which took place on 4-10-1956 and in the course of Which one Osman Kasai received severe injuries, resulting ultimately in his death. At first, the Police started a case against Osman Kasai and 5 others on an information lodged by one Matilal Marwari at about 1-50 P. M., but in the night two other informations were lodged by one Md. Farooque, a brother of Osman Kasai, accusing the Petitioner and certain other persons of an assault on Osman. Later in the same night, on receipt of the injury report of Osman from the Medical College Hospital and his statement made to the doctor in charge that he had been assaulted by unknown goondas, the Police started a case against unknown goondas under Section 325 of the Indian Penal Code and commenced investigation. Subsequently Osman died in the hospital.

(3.) On the completion of their investigation, the Police submitted a challan on 4-1-1957, charging the Petitioner and six other persons-with an offence under Section 302/34 of the Indian Penal Code for having assaulted Osman Kasai on 4-10-1956, in furtherance of a common intention to cause his death and for having caused his death by the assault. The Petitioner and five of the other accused persons had previously been arrested by the Police, but the seventh accused was absconding.