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2010 Supreme(Cal) 1216

ASHIM KUMAR BANERJEE, RAGHUNATH RAY
Sailen Sarkar – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Pranab Kr. Dutta, Ms. Sabila Rahman, Advocates.
For the Respondent:R.K. Ghosal, Ms. Minoti Gomes, Advocates.

Judgment :

ASHIM KUMAR BANERJEE.J:

1. COMPLAINT: -

On or about April 16, 2001 Jogeshwar Sarkar, PW-1 made a written complaint to the officer in-charge, Gopalnagar Police Station that he along with other villagers of village Nahata, Post Office – Nahata, Police Station- Gopalnagar discovered a dead body in a sack under Nahata Bridge near his house at about 2.00 p.m. Police came and with the help of the villagers uncovered the dead body. The villagers could not identify the dead body who was female, aged about thirty-six/thirty-eight years old, according to Jogeshwar. On the basis of the said complaint the concerned Police Station initiated a case under Section 302/201 of the Indian Penal Code as P.S. Case No.31 dated April 16, 2001. The Police also started an unnatural death case no.12 of 2007 dated April 16, 2001. PW-14 , Pankaj Kumar Biswas investigated into the matter. He prepared Inquest Report appearing at pages 3-9 of the Paper Book. He also prepared a sketch map along with an index appearing at pages 10-13 thereof. PW-10 carried the postmortem examination and submitted a report appearing at page 14 of the Paper Book. The doctor opined that death was due to strangulation after c











































































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