RABINDRA NATH SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision application is directed against an order of acquittal dated 16th September 2004 passed by the learned Additional Sessions Judge, Islampur, Uttar Dinajpur, in Sessions Case No. 27 of 2002 corresponding to Sessions Trial No. 42 of 2002 State of W.B. v. Jogen Singh and 13 Ors. by which the learned Trial Judge acquitted the accused persons of charges under Section 302 read with Sections 326 and 34 of the Indian Penal Code. The case of the prosecution appearing from the written complaint is as follows:

(2.) Rabindranath Singha the informant filed a written complaint on 19th April 2000 at around 20.30 hrs. alleging that their boro corp within the village Chapua was at regular intervals deliberately damaged through the cows of the accused Jogen Singh. Only 3/4 days prior to the incident one of the cows of the accused Jogen was put up in the pound. On 19th April 2000 at around quarter to six the informant and his younger brother noticed that one of the cows of the accused Jogen was damaging their crop in the field. The informant and his brother protested against the aforesaid act. As a result Bablu and Prodip, two sons of the accused Jogen, became furious and started assaulting them. The left hand of Sanjiv, brother of the informant, was stabbed by a sword. They started shouting. Hearing their hue and cry the father and the maternal uncle of the informant reached the place whereupon Jogen and his associates started assaulting all of them by bamboo, lathi, sword etc. The informant, his brother Sanjiv, Gopal, Rakesh, son of the maternal uncle, were all injured and they escaped. The father and the maternal uncle of the informant died on the spot. The information was lodged within less than two hours of the incident.

(3.) The informant Rabindranath Singha is the P.W.1. Rakesh above named is PW 3 and Gopal is PW 5.