Ashim Kumar Banerjee, J. - (1.) P.W.6, while opening the door of his house in the morning at 59B Dhirendra Dhar Sarani, Calcutta, on July 12,1993, found a dead man aged about 50 years lying in front of his door. A handkerchief was tied in his neck. He informed the Police. The Police came and prepared an inquest report and sent the body for post mortem examination. The post mortem doctor opined that the victim died due to strangulation. According to him, the death was anti mortem and homicidal in nature. The Police tried to find out the identity of the victim. Despite frantic attempt, the Police could not find out the whereabouts of the victim. Ultimately P.W. 10, nephew of the deceased victim identified him when the photograph of the dead body was shown to him. Later on P.W.10 went to the morgue along with the P.W.8 and identified the dead body and the body was handed over to them for cremation. Initially the case was being handled by Muchipara Police Station. Since there was no considerable progress, the Detective Department of Calcutta Police took up the investigation from Muchipara Police Station. P.W.22 was entrusted with the investigation. On a local inquiry the Police initially could get hold of the taxi driver who gave some clue to the Police to reach the accused. Ultimately, the puzzle was solved. The mystery was unveiled. The story goes like this as hereinafter stated.
(2.) THE victim Ram Chandra Singh was working as Darwan under Doctor Buddhadev Bose, a Dentist at B.B. Ganguli Street, Calcutta. Ram Chandra was residing at 121-B, B.B. Gnaguli Street, Calcutta along with his wife, Saraswati Singh, three daughters and one son. He used to get Rs. 500/- per month as salary in addition to tips that he used to get from the patients of the Dentist. According to Saraswati, he was habitual drunkard and the entire tips, which he used to get, was spent for purchasing alcohol. It was difficult for Saraswati to maintain the household having four children. She started business of sale of kerosene oil. She used to buy kerosene from Scott Lane and sell the same from her house at a higher price. In course of such business she came to know Sajjad @ Raju. Raju became friendly to her. He used to come to her house along with his friends Bablu, Kalu and Panchu. THEy sometime used to take alcohol along with Ram Chandra. According to Saraswati, she could save Rs. 30/40 thousand by sale of kerosene oil after maintaining her family. This part of the evidence is not clear and difficult to believe. Be that as it may, somehow Saraswati made her fortune by saving Rs. 30/40 thousand or more. Raju started demanding share of the bounty. Initially Saraswati gave him money. On that score there might have been some scuffle between Raju and Saraswati. According to Saraswati, Raju threatened her that he would kill her husband. At one point of time, Raju also threatened Saraswati that he would kidnap his eldest daughter. Even after the incident Raju came to the house of Saraswati and threatened her with dire consequence. On that day Raju and other accused took Ram Chandra with them and took alcohol and thereafter left him at Dhirendra Dhar Sarani where Ram Chandra was found dead. One Lakshmi Narayan Dey (P.W.5) was a taxi driver. On July 11, 1993 he parked his car after dropping a passenger at Beadon Street - Central Avenue Crossing, near the red light area. Five persons including one old person came and hired his taxi. The old person was under complete influence of liquor. They went to Akroor Dutta Lane in central Calcutta and asked Lakshmi Narayan to stop the taxi near a sweetmeat shop. Four of them got down and told the taxi driver that they would come back again. Thereafter, they took the old man with them who was not in a position to move independently. They went inside a narrow lane. Lakshmi was waiting with his taxi in front of the sweetmeat shop. It was 1 A.M. in the night. Two persons rushed to the taxi and requested Lakshmi to give them a lift for carrying a patient to the hospital. Lakshmi refused on the ground that his taxi was not empty and it had already been booked. When those two persons being Kailash (P.W.5) and Shyamlal (P.W.16) were persisting their request those four persons came back and scolded Kailash and Shyamlal by saying that they had already booked the taxi and it was not possible to give them lift. Shyamlal and Kailash left the place after noting the taxi number.
(3.) LAKSHMI took all the four passengers of the taxi barring the old man and took them to Rajabazar where they released the taxi by making payment of the fare. On the next day i.e. July 13,1993 when people were discussing about the dead body one Joy Kishore Guin who was returning home after morning walk, heard the conversation of Kailash and Shyamlal over the last night incident and thought that the incident might have a nexus with the dead body. He reported the matter to the Muchipara Police Station. The Police thereafter examined Shyamlal, Kailash and Lakshmi Narayan when the entire mystery was unveiled. Two of the accused were apprehended by the Police. Kailash, Shyamlal and Lakshmi identified them in a Test Identification Parade in presence of the learned Magistrate (P.W.17). Bablu made confessional statement before the learned Magistrate (P.W.19) under Section 164 of the Criminal Procedure Code. Bablu stated that he used to go with Raju along with other friends at the house of Saraswati where they found a beautiful lady. Raju told them to assist him in finishing of Ram Chandra. Accordingly they assisted Raju. Raju thereafter paid them Rs. 500/- each. According to Bablu, Ram Chandra was under complete influence of liquor when they tied the neck with handkerchief and killed Ram Chandra by strangulation.;