Document Fragment View

Matching Fragments

One of the deceased Pritam Chakraborty who was aged about 16-17 years was a student of Vivekananda Institution, Howrah. He was staying with his widowed mother Purnima Chakraborty (PW-6) at Mouza 5/2/1, Katapukur 3rd bylane, Kadamtala, Howrah. The second deceased Rudra Parui who was of the same age as Pritam, was his classmate and a good friend. He was residing with his father Uttam Kumar Parui (PW-9) at Mouza 62, Tantipara Lane, P.S. Shibpur, Distt. Howrah. Apart from going to school together, they also used to go for tutorial classes together in the evening. It is the prosecution case that deceased Pritam was having a love affair with one Reshma Gupta. It is stated that A-1 Mousam Singha Roy was also in love with said Reshma. Because of this twist of love triangle, the prosecution alleges that said accused Mousam was jealous or angry with deceased Pritam. It is because of this on 1.12.1998 appellant Mousam allegedly made a telephone call to Pritam at the residence of latter's maternal uncle Sibananda Bhattacharjee (PW-1) with whom Pritam and his mother PW-6 were residing. The telephone call in question was received by PW-1 at about 8 a.m. and the caller identified himself as Mousam, a friend of Pritam who desired to speak to Pritam. Thereupon PW-1 called Pritam and handed over the phone to him. During the conversation on the telephone, PW-1 found Pritam perturbed and shaky therefore after the conversation PW-1 asked Pritam what the matter was. Though Pritam did not say anything in the beginning, on being rebuked by PW-1, he replied that Mousam had asked him to come to Howrah Bridge later in the night for which PW-1 told him not to go there as desired by Mousam. Pritam then replied that since his friend Rudra (the other deceased) was going to accompany him there need be no apprehension. It is the further case of prosecution that in the evening Pritam did not come back to his house from the tutorial class even by about 8.45 p.m. which was the normal time for him to return home after the tutorial class so his mother PW-6 told PW-1 about the non- arrival of Pritam. PW-1 comforted his sister by saying that Pritam might have gone for xeroxing some of his papers. PW-1 waited till about 9.30 p.m., then went in search of Pritam to the tutorial school and on the way he met the father of Rudra, Uttam Kumar Parui (PW-9), and some others. They told PW-1 that even Rudra had not returned from coaching class and they were searching for him. So all of them together went to the coaching class where they were told by the Principal of the Coaching class, Mrinal Mukherjee (PW-14) that the boys had already left the class. Thereafter at about 11 p.m. PW-1 with PW-9 and other local people went to the Bantra Police Station and gave a verbal information about the missing of the boys to the Police Officer there. It is further stated that PWs.1, 9 and others went to the Howrah Station and searched for them on Howrah Bridge and even told the personnel of Government Railway Police Station (G.R.P.S.) about the missing boys and also gave them the description of the boys. PW-1, PW-9 and others continued the search for the boys even on 2.12.1998 morning and being unsuccessful in their efforts, went to Bantra Police Station and lodged a missing Diary. Thereafter, they went to their house. It is the case of the prosecution that on

During the course of investigation the accused persons were arrested and the Police recovered a letter allegedly written by A-1 from the house of appellant Bikash Jaiswal @ Vikky (A-5). Police also recovered an exercise book (Khata) from which pages were torn for the purpose of writing the letter which was found in the house of Mousam (A-1). During the course of investigation the Police came to know that on 1.12.1998 when PWs.2 and 3 were standing near the power house on the road leading to Howrah Bridge these witnesses had noticed the appellants and the deceased going towards the Howrah Bridge. It is during the course of this investigation on 5.12.1998, one Rajesh Tiwari PW-13 appeared in the Police Station and told the Investigating Officer that on 1.12.1998 at about 8.50 p.m. when he was returning from Bara Bazar, Calcutta to his house after making certain purchases, he had seen the accused persons engaged in a quarrel with 2 boys on the footpath of Howrah Bridge. On further investigation it was found on 1.12.1998 one Dibyendu Shee PW-15 while coming back from a game of cricket had found Mousam (A-1) and a tall boy walking ahead of him and he could overhear a conversation in which Mousam allegedly told the tall boy "together it could happen on that day". PW-15 further says that out of curiosity he asked the tall boy what would happen on that day to which the tall boy replied that the matter related to his friends Pritam and Mousam. At that point of time this tall boy also made a gesture of moving his right hand horizontally indicating the nature of act. On further investigation the Police came to know that PWs.23 and 24 who were Duty Constables on the Howrah Bridge had come to know from some passersby that 2 persons; either a boy and a girl or 2 boys had jumped into the Ganges from the bridge. This was at about 9 or 9.05 p.m. When these Constables proceeded to the place of incident they noticed about 200-300 persons there therefore PW-23 sent PW-25 to the Police Station to inform the duty Officer and he started clearing the crowd. This witness also witnessed a cycle near Post No.12 of Howrah Bridge and therefore he took possession of the same. This witness also says when he was there, 2 Constables from Post No.12 visited the place of incident. It is based on these facts the appellants were charged and found guilty of the offences, as stated above.

We will now consider the prosecution case in regard to the accused and the deceased being seen together on the night of 1.12.1998. For this purpose the prosecution has firstly relied upon the evidence of PWs.2 and 3. The evidence of these two witnesses will be considered by us together. They stated that both of them resided in Thakur Ramkrishna Lane, Howrah. PWs-2 and 3 say that they knew the accused persons and the deceased. They knew deceased Rudra because he was a local boy of their locality. PW-1 states that he knew Pritam because he used to visit Rudra, he states that he knew the accused persons because they use to play cricket in Dumurjola ground which place this witness used to visit to watch cricket matches, though they were not of the same locality as that of this witness. Both these witnesses PWs.2 and 3 state that on 1.12.1998 at about 8.30 p.m. they were purchasing sweetmeat at a stall opposite the power-house at Kadamtala, at that time PW-2 saw accused persons going towards Howrah Bridge with Rudra and he asked Rudra where he was going in the night, to which Rudra supposedly replied that he was going with his friend towards Howrah. PW-2 also says that he identified the accused persons because he had seen them play cricket. In his evidence he further states on 2.12.1998 he informed PW-9 and some other people of the locality that on 1.12.1998 at 8.30 p.m. he had seen the deceased, the accused and some others proceeding towards Howrah. This witness was cross examined at length suggesting among other things that they could not have been present at that place at that time. Defence also challenged the identification of the accused by this witness. He was also pointedly cross examined in regard to the location of the sweetmeat stall with reference to the road leading from the tutorial coaching class to Howrah Bridge. It was suggested by the defence that if one has to go from the tutorial class to Howrah Bridge the road via the power-house is a longer route and nobody would normally take such a route to reach the Howrah Bridge. Of course this witness has denied the same. In regard to the possibility of this witness identifying the accused at the cricket ground, the defence has put searching questions and this witness has admitted that he was not able to say the names of other boys including those from his locality who played cricket in that stadium. He has not given any specific reason for having given the names of only the accused out of the large number of boys playing in the stadium. But what is important to notice in regard to the evidence of PW-2 is that though he did mention to PW-9 on 2.12.1998 that he had seen the accused and the deceased together on 1.12.1998, and the said information was conveyed to PW-1 in their presence, the same was not recorded in the FIR which is a glaring omission creating doubt as to this witness having told PW-9 about they having seen and identified the accused and deceased at the time and date mentioned by them.

In such circumstances we think the High Court ought to have been more cautious in accepting the evidence of this witness.

For all the above reasons, the evidence of PWs.2, 3, 13 and 15 to which we have referred to hereinabove in our opinion does not inspire confidence in us so as to accept the same for the purpose of basing a conviction.

The prosecution then relies on the evidence of PWs.22 and 25 to establish the fact that on 1.12.1998 at about 9 p.m. an incident had taken place on the Howrah Bridge in which 2 youngsters allegedly jumped into the river. These two witnesses were the Beat Constables on duty at the Howrah Bridge on that day. PW-22 in his evidence states on 1.12.1998 he was posted at North Port Police Station as a Constable and he was on duty on the North side of Howrah Bridge from 8 to 12 p.m. along with another Constable Hari Sankar Roy, PW-25. While on duty at about 9 p.m. and when they were proceeding towards Howrah side from Calcutta on foot and they heard a cry of someone that a boy and a girl had jumped into the Ganges. Somebody else told them that 2 boys had jumped into the Ganges so they proceeded to the place of the incident and they found 200 to 300 persons present there. Out of the assembled persons some were saying that a boy and a girl had jumped and some others were saying 2 boys had jumped into the river. He then sent his partner to the Police station to inform the Duty Officer and he started dispersing the crowd. He found a cycle by the side of Post No.12 of Howrah Bridge. He took the cycle to the Police Station. He had identified the said cycle which was later found to be that of deceased Rudra. This evidence of PW-22 does not take the prosecution case any further than the fact that on 1.12.1998 at about 9 p.m. he heard that 2 persons had jumped from the Howrah Bridge. But something material comes out of his cross examination during which he states there are Police Goomties in the Howrah Bridge. In each Goomti one Constable and one Officer remains posted round-the-clock. There are policemen in civil dress guarding the bridge and occasionally officers also check the bridge on mobile duty. He further states that the traffic department controls the traffic on Howrah Bridge and the incident in question would have taken place about 20-25 cubits from Post or Goomty No.12.He also stated that at the time of the incident there were a large number of people either present at the place of incident or were travelling on the bridge. He also stated that on being informed the officers came to the spot and he was asked to take the cycle to the Police Station. From his evidence it is clear that at all given times or at least at 9 p.m. on 1.12.1998 on the Howrah Bridge there were a large number of pedestrians and traffic. It is also clear from his evidence nearly 200 to 300 persons were present when or at about the time the incident took place.