P.C.BOROOAH, J. - (1.) THE four appellants before us, who are all officers of the Calcutta Police, were tried in the Court of Sri Raghabendra Banerjee, Judge City Sessions Court, Calcutta in Sessions Trial No. 1 of November 1979 on two counts under Section 302 read with Section 34 of the Indian Penal Code on the allegation that they had on November 11, 1970 at about 9.50/10.00 p.m. at Shyampukur Street, Calcutta along with Bibhuti Chakraborty, the then Assistant Commissioner of Police (N.S.) and others had caused the deaths of Ranjit Chakraborty and Samir Chakraborty, the sons of Harshanath Chakraborty of 71/4, Shyampukur Street, Calcutta, by gun shot injuries.
(2.) THE learned Judge by a judgement and order dated January 18, 1980 found all the appellants guilty on both the counts and sentenced them to suffer imprisonment for life on each count - the sentences being directed to run concurrently.
(3.) THE prosecution case briefly stated is as follows : - One Harshanath Chakraborty (P.W. 5), a retired A.S.I. of the Calcutta Police, resided in a flat at No. 71/4, Shyampukur Street within police station Shampukur in Calcutta along with his wife and other members of his family. He had seven sons of when P.W. 1 was the eldest. The second son Ranjit, a constable of the Calcutta Police, and the third son Samir, who was a N.V.F. Cadet, were killed as a result of police firing on the date of the incident. The incident occurred on November, 11, 1970 at about 9.50/10.00 p.m. A little while before that P.W. 5 had asked Ranjit and Samir to go and look for Benoy who was late in returning home so that they could all have their night meal together. Ranjit and Samir met Benoy on the road outside their house and whilst they were sitting on a 'roak' and Benoy was talking to P.W. 2 Manick Lal Ghose, three vehicles carrying the accused appellants and about 15/20 policemen came and stopped in front of premises No. 71 Shyampukur Street. The police officers led by Bibhuti Chakraborty, the then D.C. North rushed towards Benoy and his two younger brothers with revolvers in their hands. Benoy and his brothers out of fear raised their hands and Ranjit disclosed at once that he was a constable of the Calcutta Police attached to the Port Police and Samir also gave out that he was a N.V.F. man. In spite of this Bibhuti Chakraborty shot Ranjit at point blank range injuring him, and with the bleeding injury Ranjit ran inside premises No. 71 to the flat of one Falguni Babu and took shelter in his bath room. The appellants Chitta Ganguly and Bimal Thakur followed Ranjit and dragged him out on to the street and Bimal Thakur shot at him; other police officers including some of the appellants also fired at Ranjit. In the meantime Samir who had also tried to run inside the house was caught hold of by some police officers and thereafter Shew Mongal Singh and some other accused persons also shot at him causing bullet injuries. Thereafter Samir and Ranjit were dumped into a police jeep and after Benoy and Manick were also forced inside, the convoy of police vehicles came to a place near Rajarghat on the bank of the river Hooghiy; the police party halted there for about an hour. When Samir started crying in agony some police officer, who was inside one of the Ambassador Cars, ordered that his voice should be silenced. Thereupon Anil Maitra who was inside the jeep shot him. Thereafter Ranjit and Samir were taken to the R.G. Kar Hospital where Ranjit was declared dead and Samir also died within a few minutes of his arrival before any medical assistance could be given to him. Benoy and Manick were also taken into custody and were produced before a Magistrate on the following day when they were released on bail.;