DILIP MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal assailing the judgment of conviction and sentence passed by learned Additional Sessions Judge, 5th court, Paschim Midnapore in Sessions Trial No. XVII/nov/95 sentencing the appellant to suffer imprisonment for life and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for a further period of one year for offence punishable under Section 302,i. P. C. ; to suffer R. I. for three years and to pay a fine of Rs. 1,000/- in default to suffer R. I. for a further period of six months for the offence punishable under Section 380,i. P. C. and also directed the appellant to suffer R. I. for three years for the offence under Section 27 of the Arms Act. There was further direction that all the sentences will run concurrently.

(2.) THE prosecution case as set forth in the F. I. R. is that one Fatick mondal, constable bearing No. C-1232 attached to D. A. P. Force at Midnapore lodged complaint on 07. 8. 05 at 02. 25 hours with the I. C. Kotwali P. S. Midnapore alleging that he was posted as a security guard of A. D. M. , D. L. L. R. O. , midnapore. He used to stay with other constables in the First Floor of the additional Barrack of the police lines. On 06. 8. 95 at 8. 45 P. M. he returned from duty and his revolver bearing No. MI-368 issued in his name and 3,0 rounds of cartridges were kept inside the container of his official belt. He kept the revolver and the said cartridges in his official black coloured box under lock and key and put the key under the pillow of his bed. He took bath and after taking food returned to the barrack. Thereafter, he went to the roof of the barrack. At about 11. 30 P. M. he got down from the roof and lay on the bed. After about 10 minutes he heard a sound and on hearing the same he along with other constables i. e. Kalyan Mukherjee, Harisadhari Das, Muchiram Mahato, Ayan chandra Mahato, Arunabha Bauri, Golam Kuddus Mondal and many others got up from bed and saw in the electric light of the barrack that constable Dilip mukherjee holding a revolver in his hand was running away towards western staircase of the North Barrack. Golam Kuddus and Harisadhan Das noticed that constable Ganesh Manna was lying on the eastern side of the barrack and did not rise from his bed and was lying with bleeding injuries in his mouth and ears. Then and there some constables chased Dilip Mukherjee and some others were making arrangement for taking the injured Ganesh Manna to the hospital. Dilip Mukherjee could not be apprehended. The informant noticed that his box containing the revolver and the cartridges were in unlocked condition and on search he could not find out his service revolver bearing No. MI-368 and 30 round of cartridges, belt and the container. The informant could then realize that Dilip Mukherjee, who used to stay in a bed in the said barrack took the revolver of the informant with cartridges and belt and shot at the head of the constable Ganesh with that revolver. The injured Ganesh was taken to midnapore Sadar Hospital where he was declared dead. It has also been alleged that when Dilip Mukherjee was on duty in the Magazine Section of the Police line in the month of December, 1994, there was a scuffle between him and ganesh Manna with a rifle.

(3.) UPON receipt of the complaint, the Kotwali P. S. Case No. 264/95 was started under Section 461/379/302, I. P. C. and 25 Arms Act. After completion of investigation, the charge sheet was submitted.