Probodh Purkait vs State Of West Bengal & Ors

The said trial involves a double murder committed at Radhaballavpur under Kultali Police Station on 15th January, 1985. In all 109 persons were shown as accused in the charge-sheet in connection with Kultali P.S. case 4(1) of 1985 dated 16th January, 1985. Out of the said 109 accused, 98 were committed to the Sessions Court. Out of the said 98 accused, 58 stood acquitted under Section 232 Cr.P.C. and one Yunus Laskar could not be tried as he was found to be insane. Ultimately, 39 persons faced the trial before the Additional Session Judge-cum-Judge, Special Court (EC Act) Alipore, 24 Parganas (South).

2) lodged a written complaint at Kultali Police Station, South 24 Parganas, at about 1730 hours. on 16th January, 1985, stating that on 15th January, 1985 at about 8 a.m. about 157 persons, as named in the complaint, along with 400 to 500 persons formed an unlawful assembly armed with deadly weapons such as lathi, tangi, ballam etc. under the leadership of one Probodh Purkait and proceeded towards Radhaballavpur. First they attacked the house of one Payed Ali Laskar (PW-3). The members of the unlawful assembly looted the house of Payed Ali, assaulted the members of his family and also committed rape on his sister. It was further alleged that the mob failed to find Abdur Rahaman Laskar in Payed Ali Laskar's house but on coming to know that he had gone to the house of one Dr. Srinibas Roy (PW-7), the members of the unlawful assembly under the leadership of Prabodh Purkait and others proceeded to the house of Dr. Srinibas Roy. On reaching there, some of the members of the unlawful assembly entered into the house of Dr. Srinibas Roy and dragged out Abdul Rahaman Laskar and also Abdur Molla along with Dr. Srinibas Roy and his son Aurobinda Roy (PW-6). The members of the unlawful assembly then assaulted Abdur Rahaman Laskar and Abdur Molla with lathi, tangi, ballam etc. resulting in their death on the spot. The members of the unlawful assembly also assaulted Dr. Srinibas Roy and his son Aurobinda and one Sudarshan and looted their household articles.

It was also disclosed that the incident was a sequel to an incident which had taken place on 14th January, 1985, when there was a quarrel between the members of the Congress Party and the Socialist Unity Centre of India over the snatching of a microphone by Abdur Rahaman Laskar and consequently, Probodh Purkait and other leaders of the S.U.C.I. party engineered the assault and murder of Abdur Rahaman Laskar and Abdur Molla.

While the convicted persons preferred Criminal Appeal 4 of 1998 before the Calcutta High Court, the State filed an appeal, being No. 17 of 1999, against the order of acquittal made in respect of the other 33 accused.

The Division Bench of the Calcutta High Court while confirming the conviction and sentence of Yusuf Gayen and the other five accused convicted by the Sessions Judge, allowed the Government's appeal in part by convicting Probodh Purkait, Harisadhan Mali, Iran Molla, Anirudha Haldar and Basinath Gayen under section 148 IPC and Section 302/149 IPC and sentenced them to suffer rigorous imprisonment for life under Section 302/149 IPC and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for three months each. No separate sentence was awarded to the convicted persons under Section 148 Indian Penal Code. The order of acquittal as far as the remaining accused are concerned, was not interfered with.

Mr. Sushil Kumar submitted that in appeal, the High Court on a re-appraisal of the evidence accepted the evidence of PWs 3,5,6,7,8, and 9 and observed that all the said witnesses had seen the occurrence from different angles and different places. The High Court also held that since all the prosecution witnesses had mentioned that Probodh Purkait was a member of the unlawful assembly and, in fact, led the unlawful assembly, he could not be absolved of the complicity of sharing the common object of the unlawful assembly though there was no evidence to indicate that Probodh Purkait had himself inflicted any injury. On the basis of the above the High Court also convicted Probodh Purkait, Hari Sadhan Mali, Iran Molla, Anirudha Haldar and Basinath Gayen under Sections 148, 302/149 Indian Penal Code and sentenced them to suffer rigorous imprisonment for life under Sections 302/149 and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for three months each.

Similarly, the evidence of PWs 3,4, and 5 have been discarded by the Sessions Judge for reasons which are difficult to sustain.

The evidence of PWs 6 and 7 establishes the presence of Probodh Purkait and the other convicted persons at the place of occurrence and their involvement in the murder of Abdur Molla and assault on PWs 6 and 7 and they have been rightly convicted. Even Khudiram Naskar who according to Mr. Ranjit Kumar had not been initially named by PWs 6 and 7, has been named by PW-5 as being part of the unlawful assembly outside her father-in-law's house. Significantly, she is Probodh Purkait's niece and had no reason to implicate him and the others falsely.

The appeals filed by Probodh Purkait (Crl. Appeal No.1077 of 2005), Basinath Gayen and three others (Crl. Appeal No.30 of 2006) and Yusuf Gayen and five others (Crl. Appeal No.13 of 2006) therefore fail and are accordingly dismissed. Crl. Appeal No.438 of 2006 filed by the State of West Bengal is also dismissed and the order of acquittal both by the Sessions Judge and the High Court as far as Bansari Gayen and the 27 other accused are concerned, is confirmed.