[Criminal Appeal No.273 of 2006]. Both these appeals are directed against Judgment and Order dated7/6/2005 passed by the Calcutta High Court in C.R.R. No.3140 of 2004 and, hence, they are being disposed of by this common order. The facts which give rise to this judgment need to be shortly stated. One Khagen Majhi was killed in the early hours of 30/4/1997. He was shot dead. On the same day P.S. Kalyani registered Case No.50 of 1997 under Sections 147, 148, 149, 353, 307 and 326 of the Indian Penal Code ("the IPC") and Sections 25 and 27 of the Arms Act against unknown persons. On 17/5/1997, a complaint was filed by Smt. Damyanti Majhi, the mother of deceased Khagen Majhi against SI Sankar Chatterjee, ASI Ajay Roy, appellant- S.K. Chanda, appellant - S.S. Banerjee and one Kartik Sarkar under Sections 302, 201 and 120B read with Section 34 of the IPC which was registered as Case No.138C of 1997. In this case, between 21/8/1997 to6/6/2000, 12 witnesses were examined prior to the issue of process under Sections 200 and 202 of the Criminal Procedure Code ("the Code") by learned SDJM., Kalyani, Nadia. It appears that Association for Protection of Democratic Rights, Ranaghat Branch, made a complaint to the West Bengal Human Rights Commission alleging that some police officers had shot down Khagen Majhi.
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