STATE OF WEST BENGAL Vs. NARAYAN KUNDU

JUDGEMENT

(1.) This is a Government Appeal. It has been filed on behalf of the State of West Bengal and is directed against the Judgment and Order of Acquittal passed by Sri B.B. Chatterjee, the learned Additional Sessions Judge, Purulia in Sessions Trial No.5 of 1989. By the impugned Judgment and Order under appeal, the learned Additional Sessions Judge on 23.01.1989 in Sessions Trial No.5 of 1989 recorded an order of acquittal in favour of the Respondent No.1 in respect of the charge of Section 324 simpliciter. Whilst the other Respondents were absolved of the charge framed against them in respect of Sections 148/302/149 of the Indian Penal Code which also included the Respondent No.1.

(2.) A Division Bench of this Court on 2.8.1989 granted leave to the State of West Bengal to prefer an Appeal against such order of acquittal simply in respect of Respondent nos. 1, 2, 5 and 10. Consequently, when the Appeal was admitted by the same Division Bench on 8.8.1989 an order of rearrest and release on fresh Bail was directed in respect of the Respondent Nos. 1, 2, 5 and 10 and the leave in respect of the other Respondents was refused. Although either a conviction or an order of acquittal in an Appeal cannot be assailed in such a truncated fashion, as already the Division Bench had passed directions to that effect at the stage of hearing and that too after 20 years or more it would not be proper to go into the said issue.

(3.) She has referred to the evidence of P.W.2 in reply to the submission of Sri Mitra that as to why, even though he was an injured witness, his evidence should not be believed. Inviting our attention to the evidence of P.W.7, the Medical Officer of Purulia Sadar Hospital who stated that he could not give the exact decision with regard to the depth of the injury, learned amicus submitted that there was dispute with regard to the manner in which the Respondent No.1 had thrown the arrow causing injury on the person of P.W.2.