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Sen, a sergeant of Kolkata Police, was assaulted on the night of December 31, 2002. The incident occurred near Hind Cinema in central Kolkata.
The constables — Sridam Bauri, Pijush Goswami, Sheikh Mujibur Rahman, Madhusudhan Chakraborty and Shekhar Bhusan Mitra of the reserve force of Kolkata Police — who were in a taxi, were chasing a woman riding pillion in a motorcycle. Sen, travelling in a car with his friends, had intervened to save her. He was severely beaten up by the constables and was admitted to a hospital. He went into coma and died after a few days.
The woman never came forward to testify and the police too, failed to trace her.
Delivering the verdict, a Division Bench of Justices Amit Talukdar and Raghunath Ray ordered prosecution proceedings against witnesses Madhukanta Jha, a taxi driver, and Mewalal Gupta for perjury. The Bench said they had tried to mislead the trial court by giving false statement.
The Bench also lauded the Investigating Officer of Kolkata Police for his handling of the probe.
The trial court had awarded life imprisonment under Section 302 of the IPC to the accused on June 30, 2004. They had challenged the order in the High Court.
Basudev Mazumdar, judge of city sessions court, had said the offence belonged to the rarest of the rare category. But the court had not awarded them capital punishment as all the five convicts were below 30 years of age.
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