JOYMALYA BAGCHI,J. - (1.) The State has assailed the order dated 26.5.2017 passed by the learned Additional District and Sessions Judge, 1st Track Court-II, Bichar Bhavan, Kolkata in S.C. No.76 of 2016 to the extent it discharges the opposite parties from the instant case.
(2.) Prosecution case, as alleged, is that in the early morning of 13.1.2016 while the Republic Day practice parade was going on along Khidderpore Road from south to north towards Red Road the principal accused Tousif Sohrab @ Tausiff Sohrab @ Sambia being the driver of a white coloured Audi Q7 car without registration plates, willfully entered the restricted 'No Driving Zone' area by breaking the steel guard railings placed on the road and drove the vehicle dangerously at a high speed. The steel guard railings were placed along both flanks of Khidderpore Road which is used by the horses of Race Course. The driver avoided the guard rails placed near Vidyasagar Setu ramp on the said road for the purpose of practice parade for Republic Day and reached the crossing of Khidderpore Road and Lovers Lane near the South Gate of Fort William. When the on duty traffic constables in uniform tried to stop him by waving their hands, without paying any heed to them, he crashed the guard rails placed at the northern side flank of Khidderpore Road and proceeded towards Jenson and Nicolson Island at a very high speed. As the car proceeded recklessly along the western flank of Khidderpore Road, the parade contingents were marching along the eastern flank of Khidderpore Road in the same direction. At Jenson and Nicolson Island on duty police personnel in uniform again tried to stop the accused by waving their hands but again ignoring their signals the driver entered into the eastern flank of Khidderpore Road by taking U-turn at Jenson and Nicolson Island though at that time Red Road was open and not under guard rails. Thereafter the accused drove his car into the eastern flank of Khidderpore Road and at that time the contingents were approaching Jenson and Nicolson Island along the same flank keeping a narrow space between themselves and concrete road divider. The said accused person instead of stopping his car accelerated the vehicle dangerously at a very high speed through the narrow space in opposite direction of the parade contingents towards Khidderpore. By this imminently dangerous act, the accused intentionally knocked down a corporal of Indian Air Force, Abhimanyu Rangalal, a Ground Training Instructor (GTI) of Indian Air Force Contingent who initially tried to save himself from the collision but sustained grave bodily injury due to the impact with the looking glass of the car. In spite thereof, the accused did not stop his car and knocked down the victim Corporal by driving his car straight of him and fled away. Before the incident, the unfortunate corporal of Air Force had stretched his hand and tried to save his life but failed to resist the offending car from running him over at very high speed. After committing the offence, the accused fled away with his car along Khidderpore Road and near the crossing of Lovers Lane again crashed the rail guards which were flung along the road so dangerously that it endangered the life of the on duty police personnel at that place. Due to the collision with the said guard rails the air bags of the offending car got inflated and the system of the said car stopped functioning compelling the accused to stop the car about 150 meters west of South gate of Fort William on Khidderpore Road and flee away. The witnesses noticed accused Tousif Sohrab @ Sambia coming out from the driver's seat and fleeing from the said car shaking his left hand.
(3.) On the basis of complaint of Colonel Richard Fernendes, Commanding Officer, 12, Garhwal Rifles, Garrison Battalion, Fort William, Kolkata, investigation was started at Maidan Police Station Case No. 09 dated 13.01.16 U/s 120B/302 of IPC was registered against the driver of a white coloured Audi Q7 and others. Thereafter accused Tousif Sohrab @ Sambia absconded with the assistance of his father Md. Sohrab (opposite party no.2) and his friends viz., Shahnawaz Khan @ Sonu @ Shanu and Md. Noor Alam @ Joney @ Johny (opposite parties no. 2 and 3) who had been with him in a Skoda car bearing registration No.WB-02W-05777 and soon before the aforesaid ghastly incident, had parted company from the principal accused. Thereafter, the said opposite parties no. 2 and 3 had taken refuge at the residence of opposite party no. 3. Subsequently, principal accused Sambia met them at the residence of opposite party no.3 and all of them left in the said Skoda vehicle. Thereafter, the principal accused and opposite party no. 2 and 3 fled to Ranchi and with the help of their associates initially, secreted themselves in the residence of Hadisha Bibi at Khunti in the night of 14.01.2016. It is further alleged that initially they had intended to go to Cuttack but later on changed their minds and stayed back at the residence of Hadisha Bibi, as aforesaid. Md. Sohrab, that is, opposite party no.1 arranged for funds for his son at Ranchi through his associate, Md. Ahtisan. On 15.01.2016, the principal accused came to Kolkata whereas the opposite party no. 2 and 3 went elsewhere. Subsequently, the principal accused Sambia was arrested at Kolkata by the police. Investigation has also revealed that prior to taking refuge at the house of opposite party no.3. Sambia had come to the latter's family garage house which was under the control of their employee, Rajesh Mallick. At that time opposite party no. 1 telephoned Rajesh Mallick and told him to hand over the phone to his son Sambia and talked to him in a low voice. Thereafter, Sambia left the garage house after informing Rajesh that his father had instructed him to leave Kolkata immediately. Opposite party no. 1 also instructed Rajesh Mallick not to disclose anything about Sambia or the white coloured audi car to the police or anybody.;