BRINDABAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) On an application filed by the defacto complainant under Section 319 of the Code of Criminal Procedure, the Additional District and Sessions Judge, Fast Track Court, Jhargram, by his order dated 14.6.2006 directed the appellants to appear before the Court on 22.6.2006 in connection with S.T. Case No.XXIX/February, 2006 under Section 302 of the Indian Penal Code (G.R. case No.450 of 2002).

(3.) The complainant, Ashok Kumar Pattanayak, lodged the First Information Report at Gopiballabhpur PS on 29.11.2002 at about 8.25 a.m. alleging that on the same date at about 7.30/8.00 a.m. while his father, Ramesh Chandra Pattanayak, was supervising the work in his brick field known as Hena Brick, he was assaulted on the head from behind with a spade (kodal), as a result whereof he died instantly. The driver of the truck to whom the deceased was speaking at the time of assault and the khalasi of the truck, as well as other labourers, raised a alarm. The police also arrived at the spot and apprehended the assailant, Laxman Murmu. In the FIR it was alleged that besides Laxman Murmu, several other persons could also have been behind the incident. The said FIR was written by Ila Pattanayak, the sister of the de-facto complainant, and on the basis of the said complaint, Gopiballabhpur PS Case No.48 of 2002 dated 29.11.2002, was started against the said Laxman Murmu under Section 302 IPC.