In the instant judgement, the Honourable Apex Court of the country has made the accused liable for murder under section 302/34 of Indian Penal Code, 1960. It is interesting how the Honourable Supreme Court by placing reliance on Arya Joseph alias current Kunjukunju v/s. State of Kerala held that the FIR in the question is not anti-dated or anti-timed.
Anjan Das Gupta v/s. State of West Bengal & Ors.
Criminal Appeal No. 298 of 2016
Before the Supreme Court of India
Coram: Ashok Bhushan and Pinaki Chandra Ghose, JJ.
Author of the Judgement: Justice Ashok Bhushan
Delivered on: November 25, 2016.
Advocate for Appellant: Kapil Sibal, Senior Counsel.
Advocate for Respondent: Rupesh Kumar, Senior Counsel.
Advocate for State: Parijat Sinha, Senior Counsel.
Brief Facts: On 16th June In2000, at around 4:50 PM, the deceased- Debol Kumar Ghosh was sitting in his party office and at that time Anjan Das Gupta along with 4 other persons arrived there. The present appellant- Debol Kumar Ghosh has ordered certain persons to shoot the deceased from the pipe gun. This led to the death of the accused. Sandip Ghosh, the son of the deceased, was an eye-witness to this incident.
In the initial proceedings of the case, the accused were charge-sheet under Indian Penal Code as:
- Section 302/34– Anjan Das Gupta, Bhola Kundu, Saroj Roy and Biswanath Paul
- Section 212 – Basudev Paul.