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High Court Of Calcutta
NURE ALAM CHOWDHURY, ARUN KUMAR
RAJINDER SINGH ALIAS MANU - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Criminal Appeal 438 Of 2002
Decided On : 05/14/2004
CRIMINAL LAW - Murder - Trial - Fairness - Examination of accused under Section 313, CrPC - Questions put to accused in form of cross-examination - Irrelevant and extraneous matters put to accused - Denial of opportunity to cross-examine prosecution witnesses - Denial of opportunity to adduce evidence in support of alibi - Non-compliance with Section 313, CrPC - Absence of fair and proper trial - Conviction and sentence set aside - Case remanded for fresh decision.
Fact of the Case:
19 accused persons were convicted for the murder of Gautam Chaubey and sentenced to life imprisonment. The accused appealed against their conviction and sentence on various grounds, including that they were not given a fair trial.
Finding of the Court:
The Court found that the trial was not fair and proper due to the following reasons: - The accused were not given a reasonable opportunity to cross-examine the prosecution witnesses. - The accused were not given an opportunity to adduce evidence in support of their alibi. - The examination of the accused under Section 313, CrPC was not conducted in accordance with the law. - Irrelevant and extraneous matters were put to the accused during their examination under Section 313, CrPC. - Questions were put to the accused in the form of cross-examination. - The Judge displayed plenty of zeal and want of judicial spirit.
Issues: 1. Whether the accused were denied a fair trial? 2. Whether the conviction and sentence of the accused should be set aside?
Ratio Decidendi: The Court held that the accused were denied a fair trial and that their conviction and sentence should be set aside. The Court relied on the following principles: - The rules of procedure designed to ensure justice should be scrupulously followed and the Court should be jealous in seeing that there is no breach of them. - The examination of the accused under Section 313, CrPC is a very important duty which should be performed with particular care and in the proper way. - The questioning must be fair and must be couched in a form which an ignorant and illiterate person will be able to appreciate and understand.
Final Decision: The Court allowed the appeals, set aside the conviction and sentence of the accused, and remanded the case for fresh decision.
( 1 ) THE hearing stems from 14 sets of appeals preferred by 19 convicts against the judgment and order of their conviction and sentence passed on 31-8-2002 by Mr. Intaj All shah, Id. Additional Sessions Judge, 3rd court, Midnapore in Sessions Trial Case nos. XVII/march/2002 and XLVIII/may, 2002 arising out of G. R. Case No. 1392/2001.
( 2 ) A thumbnail sketch of the Prosecution case is that Manas Chaubey, younger son of Ex leader of C. P. I, and M. P. Narayan chaubey was murdered in the open day-light on 27-6-1999 by some anti-social elements with the assistance of local mafia B. Rambabu, for which 15 persons along with the said B. Rambabu are facing trial in the court of Id. Additional Sessions Judge, and b. Rambabu and the people of his group became annoyed with the de facto-complain-ant's close friend Gautam Chaubey elder brother of Manas and used to threat him with dire consequences. On 11-9-2001 at about 8/8-30 p. m. as per previous talks with accused Satyan Singh, when the de facto-complainant along with Kamal Kundu. Shib Ranjan Mondal, Biswajit Adhikari, Tultul chatterjee and Gautam Chaubey reached the den of Satyan Singh at Malancha Road near parijat Sweetmeat Shop in scooter and motorcycles, Satyan Singh, Pappu Singh, Mann Singh, Luppi Singh and Bijoy Singh stopped them by waving hands. While Gautam asked satyan as to the reason for calling them, B. Srinibas Rao alias Srinu brother of B. Rambabu, Ranjit Ghosh, Prasad Tadi, Ashok tadi, Khokari Das, K. Gopi and 4/5 others appeared there, and Satyan asked Gautam to come down as he had some, important matters to discuss. Gautam on alighting from his motorcycle proceeded towards satyan, when Satyan, Pappu, Manu, Luppi and Bijoy unitedly shouted "kill Saleko" followed by surrounding him by Srinu, Ranjit. Shankar Rao, Prasad Tadi, Ashok Tadi, K. Gopi, Khokan Das and 4/5 others and firing him incessantly by revolvers, gun etc. and his fall on the ground in bleeding dition. Satyan arid the above-mentioned persons then shouted in chorus that they had finished Gautam and would now see who looks after the case of Manas Chaubey and gives evidence, and thereafter they left the place with their weapons. Kamal Kundu and Tultul Chatterjee received eight bullet in-juries. The de faclo-complainant conveyed the news to the victim's house as also Of-ficer-in-Charge of the P. S. with the request to come to the P. O. The police came and took away the dead body of the victim. As there was no male member in the house of the victim and the de facto-cornplainant was busy in looking after the inmates of the vic-tim's family, there was some d'rlay. Due to common intention arid conspiracy of B. Rambabu, accused Satyan Singh, Mariu singh, Pappu Singh, Luppi Singh, Bijoy singh, B. Srinibas alias Sririu, Ranjit Ghosh. Prasad Tadi, Ashok Tadi, K. Gopi, Shankar rao and 4/5 others committed murder of gautam Chaubey. Hence, while all the ac-cused persons barring accused Sanjay thakur alias Ram Naresh, B. Rambabu and dipak Bera were charged u/ss. 302/120-B and 302/34, IPC, accused Sanjay Thakur alias ram Naresh was charged u/ss. 302/120-b, 302/34, IPC 25/27 Arms Act and accused b. Rambabu and Dipak Bera were charged u/s. 302/120-B, IPC.
( 3 ) THE defence case, as suggested to p. Ws. and as contended by the accused per-sons during their examination u/s. 313, Cr. P. C. , is that the de facto-complainant along with the victim Gautam and others used to gossip in a house at Malancha Road in each evening. Manas arid Gautam were anti-so-cial elements of Kharagpur. There was loadshedding at Malancha road and no street-light at the relevant time. No such incident took place. The police had taken the snaps of each accused person after their arrest and showed it as also the accused persons to the witnesses at the local P. S. before the T. I. Parade. Accused Abdul Rouf and his associate contractors have been falsely implicated in the case as they could not fulfil their financial demand
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