Skip to main content

State of West Bengal vs Shew Mangal Singh & Ors AIR 1980

 


State of West Bengal vs Shew Mangal Singh & Ors AIR 1980

Fact 

On 11th November, 1970 at around 10:00 pm deceased Ranjit and his brother Samir were sitting outside their house and suddenly 3 police vehicles having 15-20 officers stopped in front of their house and rushed towards them. Both of them started running towards their house and the police officers were chasing them, having revolvers in their hands. Bibhuti Chakraborty made a shot from point blank range on Ranjit and other officers were also constantly firing on both of them which injured Ranjit and were able to catch both of them.

They were dragged and dumped into the car. Ranji and Samir both died before any medical assistance could be provided to them as they were injured due to the tussle at their house. Thereafter, Benoy brother of deceased was taken into custody, but was released on the bail.

So, aggrieved by the decision of the police officers he filed a complaint in the court and the trial was initiated against them in the Sessions Court of Calcutta.   

Contentions of both the Parties:

Petitioners

Counsel on behalf of petitioners: A.P. Chatterjee, A.K. Ganguly, and B.K. Chatterjee

It was contended by the petitioners that in S.S. Bobde V. State of Maharashtra[1], the same court held that miscarriage of justice may arise equally with the acquittal of guilty and conviction of an innocent. He strongly argued that it will be a serious disregard for judiciary if unmerited acquittal likes this if so happens.

He also contended that respondents are undoubtedly guilty of murder and the judgment of High Court is totally “lighthearted”. He submitted that police is regarded as protector of laws and regulations and history will never forgive us if the destroyers of law will be acquitted in this particular case.      

Respondents

Counsel on behalf of respondents: A.K. Sen, Senior Advocate

It was contended by the respondents that the actions of officers are totally justifiable as they have received orders from the Deputy Commissioner of the concerned area regarding open fire and they were obeying the instructions of senior officers.

It was also argued by them that the night on which the incident took place it was drizzling and there are serious deficiencies in the evidences as the witness were deposing the nine year law incident and which is totally insufficient in establishing the identity of accused for the murder.

Issues Dealt:

1. Whether High Court was justified in setting aside the orders of the subordinate court or not.

2. Whether orders of open fire was justified or there was malicious intention behind the act.

Judgment:

The Special Leave Petition was dismissed by the Apex Court on the ground that police officers were only obeying the orders of the Deputy Commissioner of open fire in that particular area and hence cannot be convicted for an offence under Section 302 of I.P.C. It was also laid down that materials on record and evidences were insufficient to establish the identity of an accused.

So, the Apex Court upheld the judgment of High Court as it will be against the general principles of law and will lead to grave injustice if the respondents are convicted in the present case.

Conclusion:

 It can be concluded from the above mentioned case that firstly, there must be sufficient evidences to establish the clear identification of the accused and secondly, that a subordinate officer cannot be held liable for obeying the instructions of the senior officers.  


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti