INDRAJIT DAS Vs. HARIPADA DAS AND ORS.

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against judgment and order of acquittal dated 09.09.2009 passed by learned Addl. Sessions Judge, Kamalpur in Sessions Trial Case No. S.T. 7 (NT/KMP) 2009.

(2.) HEARD learned counsel, Mr. D.C. Roy for the petitioner and learned counsel, Mr. S. Chakraborty for accused -respondent Nos. 1 and 2 and learned P.P., Mr. A. Ghosh for State respondent No. 3.

(3.) APPEARING for the petitioner learned counsel, Mr. Roy has submitted that it is an undisputed fact that Soma Das, the sister of the petitioner died an unnatural death within seven years of her marriage. P.Ws. 7 and 12 are the parents(mother and father of the deceased) and P.W. 17 is the brother(informant) of the deceased. They have stated about the fact that Soma was subjected to torture in the matrimonial home by the accused -respondents and their mother. She was administered poison on 25.10.2006 which they learnt from P.Ws. 1 and 3. Though P.Ws. 1 and 3 have turned hostile but their previous statements have been proved by the prosecution and that exhibited previous statements, i.e. Exbt. 1 and Exbt. 3 support the prosecution case that there was abatement of suicide and Soma was tortured in the matrimonial home. According to Mr. Roy, learned counsel, the learned Addl. Sessions Judge has failed to appreciate the evidence and hence wrongly passed an order of acquittal.