ARUN KUMAR BHATTACHARYA. J. - (1.) The hearing stems from 14 sets of appeals preferred by 19 convicts against the judgment and order of their conviction and sentence passed on 31-8-2002 by Mr. Intaj All Shah, Id. Additional Sessions Judge, 3rd Court, Midnapore in Sessions Trial Case Nos. XVII/March/2002 and XLVIII/May, 2002 arising out of G.R. Case No. 1392/2001.
(2.) A thumbnail sketch of the Prosecution case is that Manas Chaubey, younger son of Ex leader of C.P.I, and M.P. Narayan Chaubey was murdered in the open day-light on 27-6-1999 by some anti-social elements with the assistance of local mafia B. Rambabu, for which 15 persons along with the said B. Rambabu are facing trial in the Court of Id. Additional Sessions Judge, and B. Rambabu and the people of his group became annoyed with the de facto-complain-ant's close friend Gautam Chaubey elder brother of Manas and used to threat him with dire consequences. On 11-9-2001 at about 8/8-30 p.m. as per previous talks with accused Satyan Singh, when the de facto-complainant along with Kamal Kundu. Shib Ranjan Mondal, Biswajit Adhikari, Tultul Chatterjee & Gautam Chaubey reached the den of Satyan Singh at Malancha Road near Parijat Sweetmeat Shop in scooter and motorcycles, Satyan Singh, Pappu Singh, Mann Singh, Luppi Singh & Bijoy Singh stopped them by waving hands. While Gautam asked Satyan as to the reason for calling them, B. Srinibas Rao alias Srinu brother of B. Rambabu, Ranjit Ghosh, Prasad Tadi, Ashok Tadi, Khokari Das, K. Gopi and 4/5 others appeared there, and Satyan asked Gautam to come down as he had some, important matters to discuss. Gautam on alighting from his motorcycle proceeded towards Satyan, when Satyan, Pappu, Manu, Luppi & Bijoy unitedly shouted "Kill Saleko" followed by surrounding him by Srinu, Ranjit. Shankar Rao, Prasad Tadi, Ashok Tadi, K. Gopi, Khokan Das and 4/5 others and firing him incessantly by revolvers, gun etc. and his fall on the ground in bleeding dition. Satyan arid the above-mentioned persons then shouted in chorus that they had finished Gautam and would now see who looks after the case of Manas Chaubey and gives evidence, and thereafter they left the place with their weapons. Kamal Kundu & Tultul Chatterjee received eight bullet in- juries. The de faclo-complainant conveyed the news to the victim's house as also Of- ficer-in-Charge of the P.S. with the request to come to the P.O. The police came and took away the dead body of the victim. As there was no male member in the house of the victim and the de facto-cornplainant was busy in looking after the inmates of the vic- tim's family, there was some d'rlay. Due to common intention arid conspiracy of B. Rambabu, accused Satyan Singh, Mariu Singh, Pappu Singh, Luppi Singh, Bijoy Singh, B. Srinibas alias Sririu, Ranjit Ghosh. Prasad Tadi, Ashok Tadi, K. Gopi, Shankar Rao & 4/5 others committed murder of Gautam Chaubey. Hence, while all the ac- cused persons barring accused Sanjay Thakur alias Ram Naresh, B. Rambabu & Dipak Bera were charged u/Ss. 302/120-B & 302/34, IPC, accused Sanjay Thakur alias Ram Naresh was charged u/Ss. 302/120- B, 302/34, IPC 25/27 Arms Act and accused B. Rambabu and Dipak Bera were charged u/S. 302/120-B, IPC.
(3.) The defence case, as suggested to P.Ws. and as contended by the accused per- sons during their examination u/S. 313, Cr. P.C., is that the de facto-complainant along with the victim Gautam and others used to gossip in a house at Malancha Road in each evening. Manas arid Gautam were anti-so- cial elements of Kharagpur. There was loadshedding at Malancha road and no street-light at the relevant time. No such incident took place. The police had taken the snaps of each accused person after their arrest and showed it as also the accused persons to the witnesses at the local P.S. before the T.I. Parade. Accused Abdul Rouf and his associate contractors have been falsely implicated in the case as they could not fulfil their financial demands. Accused Arunangshu, Dipak, Rajinder, Luppi and Pappu were not at the P.O. Rambabu is a great leader of Forward Block at Kharagpur and there was a political rivalry between him and Narayan Chaubey for a considerable period. He had no talk either with his wife or brother Srinu. Accused B. Manju has been falsely implicated in this case out of conpolitical rivalry as her husband is involved in politics. Accused Sanjay did not make any statement nor any pistol was recovered from the bush nearby Part) at Sweetmeat Shop. The pistol was produced by the police from their Malkhana. No witness was present at the time of alleged recovery of pistol and the witnesses signed the S. List at the P.S. Witnesses did not make any voluntary statement before the Magistrate, Mobile phone did not belong to B. Rambabu. On 10-9-1991 Srinu, Ashok Tadi and Prasad Tadi were arrested at Bimapur on the basis of a complaint of Subba Rao and they were freed on 11-9-2001 at 4.00 p.m. followed by their going to Hyderabad, Waltier etc. The present case is the outcome of political rivalry and feud of contractors.;