MAIN POINTS
Recording of FIR is not condition precedent for initiating criminal investigation.
If the trial court acquits the accused by discarding evidences on flimsy ground and based on surmises and conjectures, High Court would be justified in re-appreciating the evidence and reaching its own conclusions.

JUDGMENT

       Ashok Bhushan, J.

1. This appeal has been filed against the judgment dated 16.02.2006 of Calcutta High Court, by which judgment, the High Court reversed the order of acquittal granted by Additional Sessions Judge. The High Court convicted the appellants Anjan Dasgupta and one Biswanath Paul under Section 302/34 of IPC by awarding life sentence and a fine of Rs. 2000.00.

2. The prosecution case in brief is that, at 4.50 PM of 16th June, 2000 Debol Kumar Ghosh, the deceased was sitting inside the Party Office of CPI(M) at R.B.C. Road, Naihati, North 24Paraganas at which time a maruti gypsy car stopped, from which the appellants got down. At the same time, four persons on two bicycles came from the direction of the Mitra Bagan Road and stopped right in front of CPI(M) Party Office. The appellant by hand indicated Debol Kumar Ghosh to four persons who had arrived there on two bicycles, and one of them fired from pipe gun on Debol Kumar Ghosh. Leaving two cycles, all four persons got in the Maruti Gypsi which speed up towards Gauripur. Sandip Ghosh, the son of Debol Kumar Ghosh who was sitting inside his medicine shop, namely, “Ma Medical Stores” at R.B.C. Road, Naihati, North 24Parganas situated at 5 cubits from CPI(M) Office saw the above incident and rushed to CPI(M) Party Office and found his father Debol Kumar Ghosh had sustained bullet injuries on his chest and was lying on the floor. The elder brother of Sandip Ghosh, upon hearing the sound, also came to the Party Office. The victim, Debol Kumar Ghosh was thereafter taken to Green View Nursing Home where he was declared dead by the doctors at 5.00 PM.

3. The information of murder of Debol Kumar Ghosh was received by the Police Officials of the Naihati Police Station, who immediately rushed to the scene of occurrence. After receiving an R.T. message at 17.15 hours, the Sub Inspector Tapan Kumar also arrived at the scene at 17.40 hrs and remained at the scene till 21.05 hours. Sandip Ghosh went to the police station at about 7.308.00 PM alongwith one Arun Dey. Arun Dey wrote the complaint at dictation of Sandip Ghosh and a written complaint was submitted to the police station. The FIR No. 99 of 2000 was registered under Section 302/34 of the IPC and Section 25/27 Arms Act, naming accused Anjan Dasgupta, Biswanath Paul, Sintu alias Saroj Roy and Bhola Kundu.

4. Tapan Kumar, Sub Inspector received the FIR while he was still at the scene of occurrence. Sub Inspector Manick Chakraborty, on dictation of Tapan Kumar with a Constable prepared the inquest report of the dead body at Green View Nursing Home at 22.35 hours. After the inquest report was prepared late in the evening, the dead body was sent for postmortem. After completion of the investigation, accused Anjan Dasgupta, Bhola Kundu, Sintu alias Saroj Roy and Biswanath Paul were charged for the commission of the offence under Section 302 read with Section 34 of the IPC and Basudev Paul was charged for offence under Section 212 of the IPC.

5. Prosecution examined thirty one witnesses in support of its case; prosecution also produced documentary evidences, namely, statements recorded under Section 164 Cr. P.C. and certain other documentary evidences. Accused persons adduced no oral evidences. Accused were examined under Section 313 Cr. P.C.

6. The learned Additional Sessions Judge acquitted accused Biswanath Paul for offence under Section 212 and all other accused from charge of Section 302/34. State filed an appeal against the acquittal order. The complainant also filed a Revisional Application CRR No. 2263 of 2002, challenging the order of the acquittal. The High Court vide its judgment dated 16.02.2006 set aside the order of the acquittal as regards to Anjan Dasgupta and Biswanath Paul. It, however, confirmed the acquittal with regard to the Sintu alias Saroj Roy and Bhola Kundu. Acquittal of Basudev Paul was also affirmed. Appellant Anjan Dasgupta was sentenced to undergo life imprisonment with a fine of Rs. 2000.00