Rajiv Sharma, J. - (1.) Bandel GRPS Case No. 22 was started under Sections 307/326/342/384/34 of the Indian Penal Code against the accused persons including appellants on the basis of the FIR lodged by Narottam Chakraborty, a co-passenger, PW 1.
(2.) The prosecution case as unfolded before this Court is as follows:- The de-facto complainant along with Sri Narottam Dutta, Babli Ghosh, Motilal Mahato, Sankar Mattobar and eight others boarded the train on July 9, 1998 being No. M-237 when it was in just running condition from Bandel Railway station. At that time they boarded in the laides compartment of that rain. In the next station, that is, in the Adispatagram Railway station six RPF Jawans and one RPF Officer boarded in that compartment. The RPF staff-members did not allow those person to change that compartment and started beating them. Thereafter the RPF Jawans throw away Narottam Dutta from the running train when the train left Mogra railway station and they confined nine other passengers and took them to Burdwan Railway station and they were confined there in the lock up. The RPF staff-members snatched Rs. 65/- from the defacto complainant and some money from other passengers forcibly and did not issue any receipt in lieu thereof. It has been stated in the written complaint that said Kajal Dutta was admitted in NRS Hospital, Kolkata in critical condition.
(3.) On usual investigation the Investigating Officer submitted charge sheet under Section 304(Part-I)/323/342 read with Section 34 of the Indian Penal Code. After the case was committed to the Court of Sessions the learned Trial Judge framed charges thereunder against the accused persons including the appellant to which they pleaded not guilty and claimed to be tried. Thereafter the prosecution examined as many as twenty-seven witnesses and on closure of evidence the appellant was examined under section 313 of the Code of Criminal Procedure, 1973 to which he had inclined to adduce evidence. The defence case as emerges from the trend of the cross-examination of the prosecution witnesses and from the statement of the accused recorded under section 313 of the Code of Criminal Procedure, 1973 is one of denial of charges levelled against him.;