BUKA ALIAS RAMNATH KARMAKAR Vs. STATE OF WEST BENGAL

LAWS(CAL)-2010-7-50

HIGH COURT OF CALCUTTA

Decided on July 15,2010

BUKA @ RAMNATH KARMAKAR Appellant

VERSUS

STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) FACTS :- Buka @ Ramnath Karmakar was the step brother of Amulya Karmakar. The victim Amulya Karmakar was well-known for his choreography in Chhou Dance. He had his own team wherefrom he was driven out. He was quarrelsome and used to be under influence of liquor. On March 9, 2003, the family members of Amulya and Buka were away from the village to attend a relative 's wedding. Both of them were alone in the house. On a trifle issue on the question of lending of the bicycle belonging to Amulya, they caught up a quarrel. Buka hit Amulya with Chhar (thin iron rod). Amulya succumbed to the injury. Out of fear, Buka fled away from the place of occurrence. He went to PW-8 for shelter who refused to give him shelter and asked him to surrender before the police. According to PW-8 Buka made an extra judicial confession before them (PW-8 to 11). One Tapan Mahato, a villager being PW-1 lodged an FIR with the Police. The Police took cognizance and arrested Buka after three/four days. Buka pleaded innocence and opted to be tried.
(2.) CHARGE :- The learned sessions Judge, Purulia framed the charge accusing Buka under Section 302 of the Indian Penal Code.
(3.) EVIDENCE :- PW-1 (Tapan Mahato) :- Tapan Mahato was the complainant. He lodged the FIR on March 9, 2003. At that time he was a member of Ghonga Gram Panchayat. PW-2 (Kumbhakarna Mahato) :- Kumbhakarna was a villager. He was a post-occurrence witness. He found the dead body of Amulya. Police held inquest and also searched the house of Buka but in vain. Subsequently, in presence of Buka the offending weapon (Chhar) was seized. Buka confessed his guilt before the Investigating Officer. The Officer in-charge told him that Buka had murdered Amulya. He however did not notice Buka committing offence. After the incident Buka came to him and confessed that there had been a fight between Amulya and him. Thereafter, he rushed to the place of occurrence and found the dead body of Amulya. The Investigating Officer arrested Buka after three days of the incident. PW-3 (Birbal Mahato) :- Birbal was also a villager. While he was washing his hand, feet and mouth in the Bandh (Pond) he saw Amulya and Buka quarrelling. He went to his house. On the way, he met his son Amit who informed that Buka murdered Amulya and ran away. He found the dead body of Amulya lying on the path. After three/four days the Officer in-charge arrested Buka. He told the Investigating Officer that on the date of the incident he saw Buka and Amulya quarrelling while he was washing his hands in the pond. Prior to the arrival of the Police he could not see any mark of injury on the person of Amulya as he was standing far away from the dead body. PW-4 (Bhadari Mahato) :- He stated to the Investigating Officer that he had seen Amulya using filthy language to Buka and there had been quarrel between them. Buka assaulted Amulya by an iron rod on his head. Amulya sustained severe bleeding injury on his face and other parts of his body. The Police seized blood stained earth and a pair of sleepers belonging to Amulya. He witnessed the seizure and signed the seizure list. PW-5 (Harku Mahato) :- Hearing alarm, witness came out of his house. He heard villagers mentioning about the murder of Amulya by Buka. In cross-examination the witness deposed that Amulya was alcoholic. On the fateful day he was under the influence of liquor and took up quarrel with various persons. Amulya was a member of Chhou Dance Party. Long before he was driven out from the Group. PW- 6 (Amit Mahato) :- The witness was the son of Birbal Mahato (PW-3) above named. He corroborated other witnesses including his father. In addition he deposed that Buka was not willing to give cycle to Amulya despite his persistent demand. The witness was a minor having seven years of age. Hence oath was not administered to him. The learned sessions Judge recorded that his intelligence was satisfactory. PW-7 (Bhanu Karmakar) :- She was the widow of Amulya. She was out for the purpose of attending a wedding along with the family members including the family members of Buka. Upon her return Amit and Sadhu informed her that Buka had murdered Amulya. She became senseless. She however did not inform the Investigating Officer about her source of information regarding the murder of Amulya. PW-8 (Dhrubalal Mahato) :- The witness along with Kanku, Sadhu and Bikash were the night-guards of Barabandh. At about 8/9 p.m. on that night the accused approached them and requested for a shelter. The accused confessed that he had murdered Amulya. The witness refused him shelter when the accused left for an unknown destination. PW-9 (Bikash Chandra Mahato) :- He corroborated PW-8 Dhrubalal Mahato. The witness deposed that Amulya had been murdered. Victim was a good Chhou player. Occasionally, Victim used to take liquor. PW-10 (Khaku Mahato) :- Khaku did not say anything relevant. PW-11 (Sadhu Mahato) :- Sadhu deposed that Buka had murdered Amulya. While coming back to his house the witness found Buka assaulting Amulya with iron rod, Amulya fell down and died. Then the witness ran to his house out of fear. The witness informed his father Harku Mahato and uncle Birbal. He also deposed that Amulya was in the habit of quarrelling with the villagers under the influence of liquor and for that reason he was driven out from the Chhou Dance Group. PW-12 (Meghnath Karmakar) :- The witness was the elder brother of Amulya. He was also not in the house as he was in the group attending the wedding party. He deposed that Amulya forcibly had taken possession of four kathas of land and there had been litigation on that score. PW-13 (Robi Lochan Mitra) :- The witness was the Sub-Inspector attached to Purulia (M) Police Station. On March 28, 2003 he took charge of the investigation from Sri P.C. Patra, Sub-Inspector. Santosh Das was the original Investigation Officer. On his (Santosh) transfer to Kharagpur the witness took up the investigation. He proved the carbon-copy of the challan sending seized article for Forensic Examination. PW-14 (Dr. S.S. Mondal) :- The witness was the Autopsy Surgeon. He conducted the post mortem examination of the dead body brought by constable Madhab Chandra Das. He supported his report and described the injuries mentioned therein as sustained by the victim. He found semi-digested rice in the stomach of the deceased. There was however no other food in the stomach. The injuries were caused by several strokes. PW-15 (Santosh Das) :- Santosh Das was the Investigating Officer prior to PW-13 taking over the charge. He gave brief details of the investigation so far carried out by him until he was transferred to Kharagpur.;

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