- (1.) The judgment of the Court was as follows:- The present petition has been filed under Section 482 read with Section 401 of the Code of Criminal Procedure praying that the order passed by the learned Additional Sessions Judge, Third Fast Track Court, Sealdah whereby protest/naraji petition filed by the petitioner was dismissed be set aside and the direction be issued to the Investigating Officer to hold further investigation in the murder case.
(2.) Briefly stated, S. I. Ultadanga Police Station on 20th June, 2011 reported to the Officer-in-Charge, Ultadanga P. S. that at about 5.10 hours one person with gun shot injuries came to the ground floor of the police station in car No. WB-06-5311. The victim was identified later, as Syed Md. Salauddin. It was further reported in the report that the occurrence had taken place near Tank No. 13, Salt Lake. The injured was removed to the R. G. Kar Medical College for treatment but the attending doctor declared him as brought dead after examination. On next day of the occurrence on 21st June, 2011, the present petitioner Syed Md. Raja submitted a written complaint to the Officer-in- Charge, Bowbazar Police Station wherein he stated that the deceased, his brother Syed Md. Salauddin was having a business rivalry with Md. Nayeem and further it was stated that Mr. Iqbal was an associate of Md. Nayeem. Further, it was stated that the above-said Iqbal was a very well-known criminal and he had threatened the deceased with dire consequences.
(3.) According to Sri Sanjoy Banerjee, learned Counsel for the State Investigating Agency had concluded that the death of Syed Md. Salauddin was a result of a gun shot injury. It is further stated that one Ajoy Sen @ Ajoy Chatterjee @ Bapi was arrested. He suffered a disclosure statement under Section 27 of the Indian Evidence Act and got the fire-arm recovered. It is further stated that another accused a lady namely Mili Pal had made a confessional statement. Sri Sanjoy Banerjee has further stated that from the car one cigarette butt was found. A DNA profile of the same was done and as per the result, cigarette butt pertain to a cigarette which was smoked by accused No. 1 Ajoy Sen @ Ajoy Chatterjee @ Bapi. It is further stated that valuable articles belonging to the deceased were recovered from the accused. Furthermore, accused/assailants were identified in a Test Identification Parade by the morning walkers who had seen the accused near the place of occurrence.;