ABDUL GOFUR HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India has been filed by the peittioner praying for passing orders for analogous hearing of the two cases, namely, Kultali P. S. Case No.264 dated 13.09.2008 under Sections 342/325/34 of the I.P.C. and the Kultali P. S. Case No.263 dated 13.09.2008 under Section 376 of the I.P.C.

(2.) The present peittioner is an accused in the Kultali P. S. Case No.263 dated 13.09.2008 under Section 376 of the I.P.C. It is submitted before me that this case is pending before the learned Sessions Judge at the stage of recording evidence. The wife of the petitioner lodged one ejahar with the O.C., Kultali P.S. on 13.09.2008 stating, inter alia, that on 12.09.2008 at 11.30 p.m. while she and her husband, petitioner herein, were sleeping in their house, they heard a noise in the house of their neighbour. At that time, Jakir Peada and others came to their house and asked her husband to go there for solving the dispute for which one quarrel took place in the house of their neighbour. The petitioner went with them but after sometime his wife heard the sound of her husband. Then she went to the house of her neighbour along with her brother-in-law and found that accused Zakir Peada and others were assaulting her husband with bamboo stick and with fists and blows. Her husband was severely injured. As a result he was admitted to Bangur Hospital, Calcutta. Then she lodged an ejahar with the O.C. Kultali P.S. and her ejahar was processed and Kultali P.S. case no.264 dated 13.09.2008 under Section 342/325/34 of the I.P.C. was started. Police submitted a chargesheet in this case also. Now the prayer of the petitioner is for analogous hearing of these two cases by one learned Judge because those two incidents are nothing but one incident but described in different manner.

(3.) The learned Advocate for the petitioner submits that since the two cases arose out of the same incident and the two cases are numbered consecutively over the same date of occurrence, they should be tried by the learned Sessions Judge to avoid different sets of opinions, if tried separately.