Judgment

MUDHOLKAR, J. : This is an appeal by certificate granted by the High Court of Calcutta under Art 134(1)(c) of the Constitution of India. The facts which are relevant for the purpose of this appeal are briefly these :

2. On December 25, 1957, one Panchanan Roy lodged a first information report at 11.00 p.m. at the police station, Bhangor, in the district of 24 Paraganas alleging that respondent No. 1 (Prokash Chandra Bose) who is the proprietor of a fishery had killed a man named Nageswar Singh who was a darwan posted at the informant s master s fishery by shooting him with a gun. After the occurrence, the assailant s party was chased but the principal culprit namely respondent No. 1 made good his escape in his own car. Two of his associates, Pannalal Saha and Sankar Ghose were arrested by the local people and produced in the police Station. on the basis of the first information report, the police undertook investigation, but ultimately they submitted a final report as late as on September 17, 1958.

3. On November 3, 1958, one Mahendra Singh who claimed to be a distant relative of the deceased darwan, but which fact is denied by the widow of the deceased-filed a complaint befo