KAPIL DEO ROUTH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed in Sessions Trial Case No. 23 of 1985 in the Court of Additional Sessions Judge, Asansol.

(2.) THE prosecution story as narrated in the FIR runs as follows.

(3.) IT is the further case of the prosecution that one Gopal Ray gave the information of the alleged murder at the local Talpukuria T.O.P. This information was received by PW 8, the then Head Constable in charge of that out post, and was passed on to the local P.S. over telephone. The information which was passed on by PW 8 was received by PW 7, the ASI of police who was on duty at Asansol P.S. The permanent O.C. of Asansol P.S. was then away from the P.S. and PW 7 communicated the message to the O.C. over R.T. He also communicated the information to S.I., R. Dey (PW 13) who was in charge of the P.S. due to the temporary absence of the O.C. PW 13 immediately rushed to the place of occurrence and found the dead body of Rajballav. At the place of occurrence, PW 1 gave him the information disclosing in details as to how and by whom the murder was committed. PW 1's statement was reduced into writing (Ext.2) and forwarded by PW 13 to the P.S. PW 7 received the written complaint (Ext. 2) under his endorsement (Ext.2/1), drew up the formal FIR (Ext.3/2) and started Asansol P.S. Case No.38 dated 25.3.79 under Section 302/34 IPC against the appellants. On getting the information, the O.C. arrived at the place of occurrence and asked PW 13 to investigate. PW 13 held inquest over the dead body of Rajballav at the place of occurrence and sent the body to hospital for post mortem examination. He found blood in front of P.O. and seized blood stained earth and control earth under the seizure list (Ext.1). While sending the dead body for post -mortem examination, he requested the autopsy surgeon to preserve the vest, underwear and some blood of the deceased. On 29.2.79, he sent to Forensic Science Laboratory, Calcutta the seized blood stained earth and control earth and also the blood -stained vest and preserved blood of the deceased. He received the report of the FSL on 17.5.79. He remained in charge of investigation of the case till 18.7.79. Subsequently, after completion of the investigation, police sent up all the three appellants for their trial on a charge under Section 302 read with Section 34 of the IPC.