Calcutta HC Directs Framing Of Charges Against Bimal Gurung In AIGL Leader Madan Tamang Murder Case
The Calcutta High Court has set aside the order passed by the Sessions Court discharging Bimal Gurung and directed to frame the charges against him in All India Gorkha League (‘AIGL’) Leader Madan Tamang murder case.
Two criminal revision petitions were filed against an order passed by the Sessions Court discharging Bimal Gurung in a CBI case under Sections 147, 148, 149, 427, 506 and 302 read with Sections 34 and 120-B of the Indian Penal Code.
The Bench of Justice Subhendu Samanta observed, “In considering the entire facts and materials in the case it appears to me that all the available witnesses have stated the name of accused persons in the similar fashion as they have stated the name of Bimal Gurung. The allegation of criminal conspiracy alleged to have been committed by the all accused persons including Bimal Gurung to commit the murder of Madan Tamang. I could not find any justifications how the Learned Chief Judge, City Sessions Court has segregated Bimal Gurung from other accused persons where all the allegations are similar in nature against Bimal Gurung as well as other accused persons.”
Advocates Kaushik Gupta appeared for the Petitioner, Advocate Anirban Mitra for the CBI and Advocate Sayan De for the Respondent.
Madan Tamang, a political leader of Darjeeling and erstwhile president of All India Gorkha League (‘AIGL’) was murdered. On the same day, an FIR was filed alleging that Bimal Gurung alias Daju who belonged to GJMM was involved in the murder.
Initially, the investigation was handed over to state police but then subsequently, CID West Bengal took up the investigation and submitted a chargesheet against 30 Accused Persons except Bimal Gurung. The wife of the deceased Tamang filed a writ petition before the High Court seeking directions for transferring the investigation from CID to the CBI.
The CBI submitted the chargesheet against all accused and one new person Dipen Malay. The wife of the deceased approached the Apex Court seeking re-investigation. The Supreme Court transferred the case to the Principal Sessions Judge, Calcutta. Subsequently, a comprehensive supplementary chargesheet was filed including Bimal Gurung. He was enlarged on bail by anticipatory bail and filed an application for discharge before Sessions Court. The Sessions Court had discharged Bimal Gurung, hence the present petitions by CBI and the wife.
The Court held, “The allegation of criminal conspiracy defined u/s 120B IPC again any accused may not directly invite ingredients which can be seen but the said ingredients can very well be revealed during the course of trial from the version of the PWS. Though CBI could not collect the CDR of Bimal Gurung that does not mean that Bimal Gurung being a leader to (GJMM) did not have directed the other party members (Accused persons) to hatch up a criminal conspiracy.”
The Court also noted that Gurung was cited as a leader of other Accused Persons, thus the complicity against him was sufficiently established. It said some witnesses had also disclosed the conduct and public remarks of Gurung regarding the threats to the victim.
Accordingly, the Court set aside the order of discharge and directed to frame charges against Bimal Gurung.
Cause Title: Bharati Tamang v. CBI and Anr. and another matter
Appearances:
Petitioner: Advocates Kaushik Gupta, Arnab Mukherjee and Shreyasi Manna.
Respondents: Advocate Anirban Mitra for CBI, Advocates Sayan De, Kaustn Shome, Rimik Chakraborty and Sayan Kanjilal.
