Joymalya Bagchi, J. - (1.) The petitioner has assailed the order framing charge against him under Sections 302/34 and under Section 201 of the Indian Penal Code.
(2.) The prosecution case, as alleged against the petitioner and other accused persons, is to the effect that on 16.11.2014 at or about 8 hours an anonymous telephonic information was received relating to disturbances at students' hostel (boy's) at Nilratan Sarkar Medical College and Hospital, Kolkata by the Duty Officer of Entally Police Station. On such intimation, police personnel rushed to the third floor corridor of the said hostel and found a male person aged about 30/35 years tied with the help of old and used nylon rope to the twin pillars on the right hand side of the staircase on the western corridor in front of the carrom room in an unconscious state. Bamboo sticks of different sizes, one wooden log and yellow coloured nylon rope were found scattered on the floor around the unconscious person. Some bloodstains were also found on the floor in front of the unconscious 2 person. One cut mark on the upper lip of the victim was noted and blood was found oozing from the said injury. The victim was taken to the Emergency Department of the hospital where the attending doctor declared him dead. Inquest and post mortem were held over the deadbody of the victim and the autopsy surgeon opined that the death was due to effects of ante mortem injuries, homicidal in nature.
(3.) Suo motu first information report was registered at Entally Police Station being Entally P.S. Case No. 544 dated 16.11.2014 under Sections 302/34 of the Indian Penal Code. In the evening of the selfsame day, one Mrinal Chakraborty, Assistant Superintendent (Non-medical) of the said hospital submitted letter to the Officer-in-charge, Entally Police Station stating that on verbal instruction from the institutional authority he would like to inform the police that a mobile thief had been caught by the students of the medical college and necessary steps may be taken in the matter.;