- (1.) The petitioner's husband (hereafter the victim) was brutally murdered on May 6, 2011 at about 9.45 p.m. while riding a motorcycle. As per the postmortem report, the victim died of, inter alia, lacerated injuries/scalp haematoma (2 Nos.) and several gunshot wounds (6 Nos.) ante-mortem in nature. According to the petitioner, the victim was an environment activist and with a crusader's zeal led movements frontally to save water-bodies in Howrah district from becoming extinct due to the greed of land sharks. Ultimately, this resulted in his premature death. One Bablu Prosad was riding pillion on the motorcycle of the victim at the time of the fateful incident. On the written complaint of the said Bablu Prasad, Bally Police Station FIR No. 205 dated May 6, 2011 under sections 302/307/120B of the Indian Penal Code (hereafter the IPC) and sections 25/27 of the Arms Act was registered.
(2.) From the documents produced in course of arguments by Mr. Roy, learned advocate, who was initially representing the State, this Bench noticed that more than a couple of years before the journey of life of the victim came to an abrupt end, he had written letters to the senior police officers of the district expressing that he perceived threat to his life for opposing land sharks from filling up water bodies and that he may be provided with police escort. On the fateful night, however, the victim had only the said Bablu Prasad, who was riding pillion, as company. An observation needs to be recorded in respect of the incident of firing that took away the life of the victim and the miraculous escape of the said Bablu Prasad. It is available from the materials on record that in course of indiscriminate firing resorted to by the assailants (the victim took several gun shots on his body), the said Bablu Prasad had managed to escape almost unharmed. The incident occurred at 9.45 pm and it is rather astonishing that even in the dark the victim's assailants, who were not too far away, were right on target without even the said Bablu Prasad being shot at even once by mistake. Be that as it may.
(3.) The Criminal Investigation Department had taken over investigation of the FIR on May 12, 2011. A charge-sheet under section 173(2), Code of Criminal Procedure (hereafter the Cr.P.C.) was filed by the Investigating Officer on August 30, 2011 vide Bally C.S. No. 406/11 dated August 30, 2011 under sections 302/120B, IPC read with sections 27/25 of the Arms Act against 5 (five) persons. Excerpts from the charge-sheet read as follows: "During investigation it could be further ascertained that there was a long standing enmity among the deceased and some of the TMC leaders of the aforesaid area over the issue of Ash filling of Suti Cannel, Haral Cannel and other two Cannels for Anmol South City Project - A joint collaboration with W.B. Govt. The deceased formed a (sic) organization named "Jala Bhumi Bachao Committee" to prevent the filling. The TMC leaders namely Govinda Hajra, Kalyan Ghosh (Dist. Convener), Sasti Gayen, Arup Roy, Amit Pal Chowdhury, Babu Mondal and others become exasperated upon the deceased over the issue. They tried to influence the deceased by money and other means but the deceased remained strong in his adage. One Paritosh Bar a supplier of the area on behalf of the Anmol company also tried to influence the deceased but failed. The opponent then formed a syndicate lead by Panchu Begani, Sasti Gayen. Lakshmi Haider and Govinda Hajra in favour of Ash filling by the Anmol group. The deceased brought the matter before the higher authority of his party and also took shelter before the law for entrenched situation.";