STATE Vs. PRAKASH CH DE
LAWS(CAL)-1976-9-25
HIGH COURT OF CALCUTTA
Decided on September 13,1976

STATE Appellant
VERSUS
PRAKASH CH DE Respondents


Referred Judgements :-

R. V. CLENORTH [REFERRED TO]
QUEEN V. ELLIS [REFERRED TO]
BANGANATHAN V. GOVT. OF MADRAS [REFERRED TO]
SAMBASIVAN V. PUBLIC PROSECUTOR [REFERRED TO]
RABINDRANATH V. UNION OF INDIA [REFERRED TO]
MARA V. QUEEN [REFERRED TO]
SLANEY V. STATE OF M.P. [REFERRED TO]
STATE OF W. B. V,SUBODH [REFERRED TO]
WAZIR CHAND V. UNION OF INDIA [REFERRED TO]
SARANATH V. STATE OF RAJASTHAN [REFERRED TO]
SHIVAJI V. STATE OF MAHARASHTRA [REFERRED TO]
JAGDIP SINGH V. STATE OF HARYANA [REFERRED TO]
GOVT. OF BOMBAY V. ABDULLAH [REFERRED TO]
GOVT. OF BOMBAY V. ABDUL WAHEB [REFERRED TO]
UNION OF INDIA VS. UNITED MOTORS INDIA LIMITED [REFERRED TO]
PANDURANG VS. STATE OF HYDERABAD [REFERRED TO]
M K RANGANATHAN VS. GOVERNMENT OF MADRAS [REFERRED TO]
PRITAM SINGH VS. STATE OF PUNJAB [REFERRED TO]
SARWAN SINGH RATTAN SINGH HARBANS SINGH BHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
COMMISSIONER OF INCOME TAX MADHYA PRADESH AND BHOPAL SM DAMAYANTI SAHNI PARTNER OF ISHWAR DAS SAHNI AND BROS VS. SODRA DEVI:COMMISSIONER OF INCOME TAX [REFERRED TO]
CENTRAL BANK OF INDIA VS. THEIR WORKMEN [REFERRED TO]
HAL BANS SINGH VS. STATE OF PUNJAB [REFERRED TO]
MANIPUR ADMINISTRATION MANIPUR VS. THOKCHOM BIRA SINGH [REFERRED TO]
LALTA VS. STATE OF UTTAR PRADESH [REFERRED TO]
PIARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
ANGNOO VS. STATE OF UTTAR PRADESH [REFERRED TO]
SARDARILAL VS. UNION OF INDIA [REFERRED TO]
BHOOR SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAVINDER SINGH VS. STATE OF HARYANA [REFERRED TO]
AMIR HUSSAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SANICHAR SAH BHIM SAH [REFERRED TO]
LADY DOROTHY LORT WILLIAMS VS. UDITANDU PRAKASH MULLICK [REFERRED TO]
IN RE: ARUMUGHAM VS. STATE [REFERRED TO]
JAINARAYAN RAMKISAN VS. MOTIRAM GANGARAM [REFERRED TO]



Cited Judgements :-

S. DIWAKAR VS. T. ARUNACHALAM [LAWS(MAD)-2014-11-508] [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appear under section 411 (A) of the Code of Criminal Procedure filed by the State against an order of acquittal dated the 15th of January, 1973, passed by N. C. Mukherjee, J. in the Sessions trial of the Original Side of the High Court acquitting accused Prokash Chandra dey and Rabindra Nath Dey of the charges under section 302 and 326 respectively of the Indian Penal Code.
(2.)THE prosecution case is that one Dipak Sarkar since deceased was an active congressman and along with others were members of a club known as 'taruner Ahvan' situated at 23, Bidhan Sarani near the crossing of Kailash bose Street and Bidhan Sarani and near the Srimani Market. There was a saloon named 'saloon De Style' adjacent to the club and within the said premises no. 23, Bidhan Sarani. Dipak and others members of the club were active supporters of the local congress candidates in the General Election held on the 19th February 1967. Accused Prokash and Rabi who are brothers, resided at 5, Kailash Bose Street and were supporters of Communist Party of India (Marxist) and worked for candidates set up by the left parties for the said election. There was political revelry between Dipak and other congressites on the one hand and accused Prokash, Rabi and others on the other. In course of the General Election the congress office at Kailash Bose Street was attacked and ransacked by rival political parties on 19. 2. 67. When the election results were out on the 23rd of February, 1967 it was found that prominent congress candidates like Sri Prafulla Chandra sen and Atulya Chandra Ghose were defeated. The club "taruner Ahvan" was attacked with bombs and crackers and the same was closed. The keys of the club room were usually kept with Dipak. It is the prosecution case that the club was to be re-opened on the 26th of April, 1967.
(3.)ON the 26th of February, 1967, Dipak came to the Saloon de Style and had his shave where Arun Bhattacharya (PW. 3) and Samir Roy (P. W. 4), two other members of the club also happened to be present. As Dipak came out of the saloon at about 9 A. M. he was suddenly surrounded and assaulted in front of the club and the saloon by accused Prokash and Rabi along with Monotosh Gupta, Ajit Das alias Bhoda and Babu Srimani. In course of the incident prokash stabbed Dipak with a dagger on his abdomen and Rabi stabbed on the back of his chest. On hearing a row Samir and Arun pushed this swing door of the saloon and saw the incident from a distance about 8 to 10 feet. The prosecution case is further. that on being stabbed Dipak sat down on the footpath with his hands an the abdomen. Accused Prokash and Rabi along with others immediately ran along Kailash Bose Street. Samir and Arun gave them chase and then returned and took Dipak in a taxi to Medical College Hospital where he was admitted at about 9-15 A. M. Dipak was operated at the hospital but died at about 1-15 P. M. on the same day. Apart from Samir and Arun one Priya Ranjan Saha (P. W. 7 ). a local youth who was passing in a motor cycle also saw major part of the incidents. Mitualal Shaw, a local vendor of egg and potato who sold his ware in the nearby footpath saw parts of the incident when he went to the sweet-meat shop of one Habu at the junction of Bidhan Sarani and Kailash Base Street. He found accused Prokash thrusting a knife into the abdomen of Dipak and he also saw accused Rabi standing behind the accused Prokash. After purchasing 'kochuri' and 'zilapi" he came away. One Kartick Chandrai Barui, P. W. 6 who was also a local vendor selling eggs near the crossing of Tarak Paramanick Road and Bidhan Sarani also saw parts of the incident. He also saw Prokash piercing a dagger into the abdomen of Dipak and Rabi striking with a dagger on the back of Dipak. On receipt of news about disturbance Kanai Dutt S. I. of Jorasanko P. S. and some officers from Amherst P. S. arrived at the place of occurrence and went to the Medical College Hospital. The investigation was taken up by S. I. , Kanai Dutt who recorded the statement of five eye witnesses and some other persons. According to the prosecution the residence of the accused was searched on the same day but they were found absent. Accused Prokash was employed as a Class Four Staff in the Decision Girls School and Rabi was an employee in a workshop, but both were found absent from their respective place of work. Later on Prokash was arrested on 21. 10. 67 at about 10-30 P. M. near the Curzon Park and accused Rabi was arrested on 24. 10. 67 at Siliguri.
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