PRASANTA KR GOSWAMI Vs. STATE AND OTHERS

JUDGEMENT

(1.) This revisional application is for quashing of proceeding being C.G. R. No. 622/96 (arising out of Alipore P.S. Case No. 55/96 under Section 304/34 of the Indian Penal Code) pending before the learned Sub-Divisional Judicial Magistrate, Alipore, South 24-Parganas.

(2.) Alipore P.S. Case No. 55/96 was registered on the basis of an information lodged by one Shyamal Kumar Roy, S.I. of Police alleging commission of an offence under section 304/34 of the Indian Penal Code. In the F.I.R. it was alleged that having received a telephonic information that there was a firing at 6, Hastings Park Road, Calcutta, the informant along with other police officers had been to the place of occurrence and found a number of persons including a person with a double barrel gun wearing a security guards uniform at the place of occurrence. On enquiry the informant came to know that the gun was issued in the name of Ratanlal Kobra of Fort Gloster Industries under Licence No. 2904 and the present petitioner No. 1 is one of the retainers. It was learned that the petitioner No. 2 is the Deputy Commercial Manager of Fort Gloster Industries Ltd. and he ordered the petitioner No.1 to go to the place of occurrence with the gun and ammunition to attend a marriage ceremony (Barat) of co-accused Kamal Kshore Kothari. Accordingly the petitioner No. 1 came to the place, i.e. at 6 Hestings Park Road with the said gun and ammunition. Before the departure of "barat" a Tassa Party' (Music Party) came to the spot. At about 5 p.m. when the 'barat party' i.e the bridegroom, the co-accused Kamal Kothari and others were about to leave the premises, the co-accused Kamal Kr. Kothari ordered the petitioner No. 1 to fire with his gun in the air. Being so directed the petitioner No. 1 fired two rounds from his gun in the air while the third bullet hit a member of the Tassa Party namely and Santosh Biswas who fell down with bleeding injuries. The injured was removed to S.S. K.M. Hospital by a vehicle belonging to Kothari family, where the succumbed to his injury.

(3.) On completion of investigation police submitted a charge sheet on 30.12.96 in the Court of learned Sub-Divisional Judicial Magistrate, Alipore, alleging commission of an offence punishable under section 304/34 of the Indian Penal Code. On the basis of the said charge sheet the learned Magistrate by his order dated 13.1.97 took cognizance of the offence.