Munna Chanda vs State Of Assam

The appellants were charged for commission of an offence under Section 302 of the Indian Penal Code for intentionally causing death of one Moti Suklabaidya. 3.10.1995 was the 'NAVMI'. The deceased went to join 'Durga Puja' festival along with Sushendra Chandra-PW3 and Babul Chanda. They met with one Tapan Chanda near Chandranathpur Railway Station. The latter informed them that Tunu Chanda and Montu Chanda had assaulted him in front of a jewellery shop belonging to Makhan Chanda- PW2. Gauaranga s/o Makhan Chanda-PW2 in the meantime came and informed his father that the said Tunu Chanda and Montu Chanda had quarrelled and broke a glass pane of his showroom. Makhan Lal-PW 2 immediately came to the Bazar. He found his younger brother Sushendra- PW3, Babul Chanda and deceased Moti Suklabaidya in front of his shop. Having asked the reason of quarrel and consequent breaking of the glass of the show room, he was informed that the dispute has been settled by Ambika Sahu-PW6. Thereafter the deceased Moti, Sushendra-PW3, Babul and Makhan Lal-PW2 entered into a tea stall belonging to Siba Prasad Shome- PW7 to have tea. Bhuttu @ Raju Singh, who is admittedly the younger brother of one Ganesh was employed in the said shop as a servant. The aforementioned persons were taking tea in a cabin of the tea stall. In the meantime, some ladies walked therein and asked for separate seats whereupon Bhuttu asked the abovementioned four boys to vacate the cabin which led to an altercation. However, on the intervention of the owner of the tea stall the boys left the shop and went to the 'watch repairing' shop belonging to Nirmal Chanda-PW4. The appellant Bhuttu came there and wanted to know as to why he made complaint to his employer about the earlier incident. He had also asked him to come out of the shop. On the intervention of the owner of the said 'watch repairing' shop the matter subsided. Bhuttu, however, came again and scolded Moti, whereupon Nirmal Chanda-PW 4 again intervened. According to the prosecution case, accused Bhuttu came again with Ratan Das, Billu and Kartik and some other persons. They asked Moti (deceased ) and others to come out of the shop whereupon Nirmal-PW4 intervened and impressed upon Moti and others to seek their apology. When Moti (deceased) in a bid to apologize touched the feet of accused Bhuttu, Ratan Das asked him to catch hold of him and they started assaulting him. Tapan Chanda was also assaulted by them. He took shelter in a nearby shop. Moti (deceased), however, freed himself from the grip of the appellants and ran towards the Railway Station. He was chased by the appellants and others. The prosecution witnesses and others in the meantime, bolted themselves inside the shop. They came out about half an hour thereafter and found the market area deserted. Thereafter, they went to the house of Moti (deceased) and inquired from his brother-PW1 as to whether he had returned. On being informed that he had not, they went to the house of Ambika Prasad-PW6 who advised them to search for him. On the next morning on receiving an information that a dead body was lying near a canal, they went to the spot and found the same to be that of Moti (deceased). The brother of the deceased -PW1 lodged a first information report wherein he named Bhuttu (describing him as a younger brother of Ganesh), Ratan Das Gupta s/o unknown, Billo Deb s/o unknown, Kartik Deb s/o unknown and 20/25 others.

The appellants were put on trial. The prosecution in support of its case examined 11 witnesses. There was no direct evidence. There was no eye witness to the occurrence. The materials which were brought on record to prove circumstantial evidence in the case by the prosecution were :

PW-1 is the informant. He was not a witness to any part of the occurrence. PW-2 is Makhanlal Chanda, the glass of whose shop was broken. He was a witness to the entire occurrence. Apart from supporting the statements made in the first information report, he stated that appellant Ratanlal Chanda took his signature on a written paper which contained an assurance on their behalf that no case would be filed in relation to the incident. He further alleged that the appellant Ujjal had escorted them from the market. In his cross-examination , however, it was pointed out that he had stated before the police that when the appellant Bhuttu came, six persons accompanied him whose names he did not know. In his cross- examination he further stated that it was a dark night so he could not see who had assembled in front of the shop. PW-11 the Investigating Officer, however, accepted that the witnesses had stated before him that while appellant Bhuttu had come, other six persons had accompanied him whose names he did not know. PW-2 had further stated before him that from inside the shop he had felt that some people were chasing the deceased. He further stated that he saw the accused persons chasing the deceased towards Chandranathpur Railway Station.

In the First Information Report or in the evidence, appellants Munna and Ujjal were not named. They were not identified in the dock. No recovery was made from them. They were not named by any of the prosecution witnesses as having taken any part in the commission of the offence. As against Ujjal the only evidence was that he had obtained the signature of one of the prosecution witness.

For the aforementioned reasons, the appellants cannot be held guilty for commission of an offence under Section 302/149 of the IPC. They are entitled to benefit of doubt.

The appeals are allowed. The judgment of conviction and sentence passed against the appellants are set aside. They are directed to set at liberty unless wanted in connection with any other case. There shall be no order as to costs.