PALASH KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against an order of acquittal dated 7th March 2005 passed in Sessions Trial No.594 of 2003 (State of West Bengal vs. Natu Mondal & 5 Ors.) of charges under sections 342/302/506/324 of the Indian Penal Code read with section 34 thereof. The facts and circumstances of the case would appear from the written complaint lodged by Gunadhar, in the outskirts of whose teashop, the incident was alleged to have happened. The written complaint is in Bengali which when translated in English would read as follows:-

(2.) I would like to notice the entire evidence of the PW 3 Shri Bhuvan Bag for no other reason but to demonstrate the absurdity with which the evidence of the PW 3 in particular and the evidence both oral and documentary adduced by the prosecution in general was dealt with by him. PW 3 Bhuban Chandra Bag deposed as follows:-

(3.) At present I am not in position to see well due to my age. I am now aged about more than 100 years. At present I am not in a position to identify all those miscreants. Due to fear we could not raise any protest at the spot. I do know whether any amongst us sustained injury at that time. I was interrogated by police.