MADAN DEY Vs. STATE

JUDGEMENT

(1.) This revisional application has been filed at the instance of one Sri Madan Dey, the person who set the criminal action into motion by lodging the F.I.R. in the Liluah P. S. on 09.08.1997. In that FIR it was alleged that his mother Uma Dey was a Class IV staff of Belgachia Maharshi Aswini Dutta Bidyapith at the relevant period of time and that she was abused, insulted and man-handled by the opposite party, Sankar Kumar Dalui, who was Assistant Teacher in the said school at the relevant period of time. She was slapped and as a result lost her sense. His mother was taken to hospital for treatment. On the basis of the said FIR, Liluah P. S. Case No. 62/97 dated 09.08.1997 under section 325 of the Indian Penal Code was started. The investigation into the case was ended in a chargesheet against the opposite party No. 2 under section 341/323/506 of the Indian Penal Code. The opposite party pleaded no guilty to the charges so framed against him and accordingly the trial commenced. The learned Magistrate upon consideration of the evidence on record found the opposite party Sankar Kumar Dalui not guilty to the offences and acquitted him therefrom. The petitioner has come up with this application challenging the legality, validity and propriety of the order of acquittal mainly on the grounds that the learned Court failed to appreciate the oral testimonies of the P.W. 2 (Uma Dey), the victim and P.W. 13 (Sital Samanta), an eye-witness. The point to be decided in this revisional application are whether the order under challenge is sustainable in law and whether this Court should exercise its revisional jurisdiction in order to set aside the order for retrial or rehearing.

(2.) Mr. Abhijit Adhya, learned Advocate appearing on behalf of the petitioner contends that the learned Court ought to have believed the statement of the P.W. 2 and P.W. 13.

(3.) He takes me to the evidence of P.W. 2 and submits that P. W. 2 (Uma Dey), the mother of P.W. 1 (de facto complainant/petitioner) stated categorically that she was slapped by the opposite party, who pushed her down and as a result, she lost her sense. There was an altercation between them over an issue of hammering of bell in the school after closing of 4th period.