GOBINDA PRASAD BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under section 482 Cr.PC is for quashing the S.T. No. VII of February, 1992 pending before the 4th Addl. Sessions Judge, Midnapore.

(2.) The petitioners are members of police forces posted in Gopiballavpur P.S. Subhankar Sarangi s/o the complainant was going to market. On a suspicion that he was a thief he was beaten up mercilessly as a result of which he was hospitalised subsequently and died.

(3.) Over this incident the complainant, father of the victim filed complaint before the learned S.D.J.M., Jhargram alleging that the present petitioners, who were the policemen attached to Gopiballavpur P.S. along with certain others took the deceased forcibly to the P.S. on his way to market, beat him up, took him back home when the relatives found marks of injuries on the body of the deceased, took him back to the P.S., beat him up again mercilessly, as a result of which the victim had to be removed to the hospital where he died few days after. This written complaint, registered as a case on private complaint was prceeded with as per law by the Magistracy and committed to sessions for trial under section 302/34 IPC. The learned 4th Addl. Sessions Judge taking all materials produced by the complainant to consideration framed charge under section 304 Part-II read with section 34 IPC and proceeded with the trial, which causes this revisional application.