RADHA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CRR No. 2136 of 2009 and CRR No. 2137 of 2009 are being disposed of by this common order. The O.P. No. 1, 87 years old, lodged an FIR with the OC, Jadavpur PS on 27th July, 2007 alleging the following incident.

(2.) He had been residing with his family for 45 years at A/35 Rabindra Pally, Baghajatin under the PS Jadavpur. One Chandana Ghosh Dastidar a member of the Mayor-in-Council and a leader of Democratic Women Association under the direction of Pranab Kumar Das, Secretary of Rabindra Pally Colony Committee with his companions and associates had subjected himself and his wife to physical and mental torture in a pre-planned way and evicted him from his residential house by force and installed his son's wife Radha Ghosh and the members of the family of Radha's father in his house. For last 5 years preceding the presentation of the FIR, Radha deserted her husband and had been residing in her father's house but now Radha has been residing in his house with the members of the family of his father's house. In this illegal work, the then Officer-in-Charge of Baishnabghata- Patuli one Arunava Das and one ASI Bonogopal Ghosh took the active role. His younger son Dhiraj Biswas, husband of Radha would educate his daughter Deboshruti in a residential school. A litigation had been going on in Alipore Court over the custody of the daughter. In spite of the matter being subjudice the aforesaid persons perpetrated inhuman physical and mental torture upon him on demand that the daughter of Dhiraj would have to be handed over to Chandana Ghosh Dastidar, a member of the Mayor-in-Council or else he would be evicted from the house. Even when the child was handed over to Chandana he was not spared. His house is comprised in 12 cottahs of land and a conspiracy was hatched for demolition of the building for the purpose of making it over to a promoter by Chandana. A very influential political person was also involved in Chandana Ghosh Dastidar has converted a very clean doba of him in a dirty place by dumping garbage therein. Protest did not yield any result. She was such an influential person that he could not muster courage to lodge complaint with the police station as he was threatened with eviction. Because of dumping garbages for last 5-6 years he has become ill. These incidents were pre-planned only with a view to evict him. On 24.6.2007 Chandana Ghosh Dastidar and Pranab Kr. Das started spreading canard against him and the members of his family in a meeting of Rabindra Pally Colony Committee and it was done with, a view to pave the way of divesting himself of his property so that promoter can usurp it. The complainant is at the door of death, he is a founder of two Higher Secondary Schools and an author of 37 social and religious books, a founder President of "Hari Chand Mission" and he is also a widely known writer. He was a founder Secretary of South- Eastern Railway SC and ST Railway Employees' Welfare Organisation and is a distinguished citizen belonging to scheduled caste.

(3.) On this aforesaid FIR Jadavpur PS recorded Jadavpur PS Case No. 401 dated 27th July, 2007 under section 448/325/506/34 of the IPC and chargesheet was submitted under the aforesaid sections of the law against 19 accused persons including Chandana Ghosh Dastidar, Pranab Kr. Das and Radha Ghosh. In the chargesheet there was addition of section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act),