PALLAB DAS Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(GAU)-2012-8-82
HIGH COURT OF GAUHATI
Decided on August 10,2012

PALLAB DAS Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondents


Referred Judgements :-

HYDRU VS. STATE OF KERALA [REFERRED TO]
BUDUL AHMED VS. KUTUB ALI MAZUMDAR AND ORS. [REFERRED TO]
D STEPHENS VS. NOSIBOLLA [REFERRED TO]
K CHINNASWAMY REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
THAKUR RAM VS. STATE OF BIHAR [REFERRED TO]
MAHENDRA PRATAP SINGH VS. SARJU SINGH [REFERRED TO]
GUNWANTLAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAGHUNANDAN GANGA SAHAI VS. STATE OF UTTAR PRADESH [REFERRED TO]
SATYENDRA NATH DUTTA VS. RAM NARAIN [REFERRED TO]
RAM LAL NARANG OM PRAKASH NARANG VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED TO]
P S R SADHANANTHAM VS. ARUNACHALAM [REFERRED TO]
JANATA DAL VS. H.S.CHOWDHARY [REFERRED TO]
DAULAT RAM VS. STATE OF HARYANA [REFERRED TO]
PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATION VS. STATE OF PUNJAB [REFERRED TO]
RANDHIR SINGH RANA VS. STATE DELHI ADMINISTRATION [REFERRED TO]
VIJENDER DEVINDER ALIAS BHINDER MUKESH KUMAR VS. STATE OF DELHI [REFERRED TO]
BILAL AHMED KALOO STATE OF ANDHRA PRADESH VS. STATE OF ANDHRA PRADESH :BILAL AHMED KALOO [REFERRED TO]
K CHANDRASEKHAR MARIAM RASHEEDA S K SHARMA S NAMBI NARAYANAN D SASI KUMARAN 1 THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION VS. STATE OF KERALA [REFERRED TO]
MOHAMMAD ZAHID VS. GOVERNMENT OF NCT OF DELHI [REFERRED TO]
T N DHAKKAL VS. JAMES BASNETT [REFERRED TO]
JAGANNATH CHAUDHARY VS. RAMAYAN SINGH [REFERRED TO]
BINDESHWARI PRASAD SINGH ALIAS B P SINGH VS. STATE OF BIHAR NOW JARKHAND [REFERRED TO]
STATE OF ORISSA VS. MAHIMA MAHIMANANDA MISHRA [REFERRED TO]
RAM SWAROOP VS. STATE OF RAJASTHAN [REFERRED TO]
VARADA RAMA MOHANA RAO VS. STATE OF ANDHRA PRADESH [REFERRED TO]
HASANBHAI VALIBHAI QURESHI VS. STATE OF GUJARAT [REFERRED TO]
UPKAR SINGH VS. VED PRAKASH [REFERRED TO]
SATYAJIT BANERJEE VS. STATE OF WEST BENGAL [REFERRED TO]
POPULAR MUTHIAH VS. STATE [REFERRED TO]
SAKIRI VASU VS. STATE OF U P [REFERRED TO]
JAYENDRA SARASWATI SWAMIGAL ALIAS SUBRAMANIAM VS. STATE OF TAMIL NADU [REFERRED TO]
NIRMAL SINGH KAHLON VS. STATE OF PUNJAB [REFERRED TO]
RAMA CHAUDHARY VS. STATE OF BIHAR [REFERRED TO]
NATIONAL HUMAN RIGHTS COMMISSION VS. STATE OF GUJARAT [REFERRED TO]
K RAMACHANDRAN VS. V N RAJAN [REFERRED TO]
REETA NAG VS. STATE OF WEST BENGAL [REFERRED TO]
LALU PRASAD YADAV VS. STATE OF BIHAR [REFERRED TO]
BHAGWAN DASS VS. STATE NCT OF DELHI [REFERRED TO]
HARDEEP SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE VS. MEHAR SINGH [REFERRED TO]
SHANKERBHAI LALJIBHAI ROT VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)This petition in a revisional attire proffers unique features of impeachment of the investigation of a sensational episode of assassination of a reputed journalist of the State who fell to multiple bullet injuries in the process of consorting his minor son back home from his school one fateful afternoon. The recorded challenge laid by the brother of the deceased though is against the verdict of acquittal of the respondent No. 3 indicted in Sessions Case No. 136(K)/03 vide judgment and order dated 28.7.2009 rendered by the learned Sessions Judge, Kamrup District, Guwahati, assiduous insistence for further investigation as the singular relief permeated the long drawn assertions on his behalf to espouse, as perceived, an uncompromising societal cause. While the investigating agency, the Central Bureau of Investigation (for short, hereinafter referred to as 'the CBI') and the State of Assam have endorsed the investigative pursuit, the maintainability of the petition in the present form and the tenability of the challenge in general have been sought to be vociferously assailed on behalf of the respondent No. 3.
(2.)We have heard Mr. A.K. Bhattacharyya, Senior Advocate assisted by Mr. K.K. Bhattacharyya, Advocate for the petitioner; Mr. A.C. Buragohain, learned Standing Counsel, CBI and Mr. Z. Kamar, learned Public Prosecutor, Assam for respondent Nos. 1 and 2 respectively. We have heard as well Mr. Chetan Sharma, Senior Advocate assisted by Mr. M. Vashisht, Mr. S. Vashisht and Mr. J. Roy, Advocates for the respondent No. 3.
(3.)The genesis of the prosecution case is traceable to the gory incident of 17.5.96 at about 2.45 p.m. in which Parag Kumar Das, the then Executive Editor of the Assamese daily "Asomiya Pratidin" was shot at near Rajgarh Road, Railway Gate in Guwahati in the State of Assam. The occurrence took place in front of the Asom Jatiya Vidyalaya at Rajgarh, Guwahati under Chandmari Police Station when the victim had gone to the school to escort back home his son Master Rohan Das @ Rishi (then aged about 8 years), a student of Class V of the institution. The injured on being rushed to the Gauhati Medical College & Hospital immediately thereafter, was declared to have been brought dead. In the incident not only the deceased received multiple bullet injuries, his son was hit as well by a bullet in his right hand.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.