JUDGEMENT
C. K. Thakker, J. -
(1.)Leave granted.
(2.)I have had the benefit of going through the judgment prepared by my learned brother P.K. Balasubramanyan, J. I express my inability to agree with the reasons recorded and conclusions arrived at by him. I, therefore, consider it appropriate to deal with the matter independently.
(3.)The relevant facts as stated in the judgment of the High Court of Calcutta impugned in the present appeal are that on May 10, 2001 general election of the State Assembly of the West Bengal was held. One Rabindra Nath Das @ Topi Das (deceased for short), husband of Mrs. Sadhna Das (complainant for short) was supporting a particular political party. He was engaged in distributing food packets to the polling agents at Subhas Sarobar (Baliaghata Lake) constituency. It was the case of the complainant that when her husband left the home on May 10, 2001, he stated that he would be coming for taking lunch. According to the complainant, however, her husband did not come. When she was returning after casting her vote, she saw a Tata Sumo vehicle and one Anath Das of the locality inside the vehicle. When she asked the people who gathered over there as to what had happened, she was informed that Topi Das had become unconscious due to beating by police on his head and he was taken to hospital. The complainant, therefore, immediately proceeded to hospital. She found her younger brother-in-law Laxman Das amongst the crowd. On being asked, she was told that her husband had died. She learnt that her husband was supplying food packets at the polling booth. At that time, some police officers came there and they beat her husband. When her husband left the place, police men chased him towards the lake side. Her husband was not knowing swimming and he stated to the police personnel that he did not know swimming and requested them not to beat him. But the police officers did not pay any heed to the request and continued beating. The husband of the complainant fell down, became unconscious, was taken to the hospital but was declared dead there. She, therefore, informed the Deputy Commissioner of Police on May 11, 2001 that her husband was beaten to death by police and demanded "stern punishment" to persons responsible for killing him. On the next day, i.e. on May 12, 2001, the Deputy Commissioner of Police, registered Phoolbagan P.S. Case No. 112, for an offence punishable under Section 304 Indian Penal Code (IPC) against unknown police officers. It appears that for a considerable long period, nothing was done in the matter and no action was taken on the basis of complaint made by the complainant. She, therefore, filed a private complaint in the Court of Chief Judicial Magistrate, Alipore, Kolkata on May 28, 2001 being case No. C-1107 of 2001 against the appellant and two other police officers for offences punishable under Sections 302, 201, 109 and 120B of IPC. It was stated in the said complaint that the husband of the complainant was assaulted and severely beaten by police personnel which resulted in his death and thereby the accused had committed the offences as mentioned in the complaint and prayed for taking cognizance, to issue process against the accused and to pass appropriate orders in accordance with law. She had also submitted a list of witnesses.