LAWS(CAL)-2021-12-57

SANKAR CHATTERJEE Vs. STATE OF WEST BENGAL

Decided On December 20, 2021
Sankar Chatterjee Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Second Court at Barrackpore on 25/11/2019. The accused persons of Sessions Case No.56 of 2017 corresponding to Sessions Trial No.1(03)/2019 were acquitted from the charge under Sec. 304/120B/34 of the Indian Penal Code. The de facto complainant of the aforesaid case is the victim of the instant case.

(2.) One Smt. Smiriti Chatterjee passed away on 12/04/2014 at about 5 A.M. After about three months and nine days, the de facto complainant, Sankar Chatterjee filed a complaint under Sec. 156(3) of the Code of Criminal Procedure praying for sending the petition of complaint to the Inspector-in-Charge, Belghoria Police Station for causing investigation treating the petition of complaint as F.I.R. The Officer-in-Charge, Belghoria Police Station received the said complaint on 22nd July, 2014 and started Belghoria Police Station Case No.346 of 2014 under Sec. 304A/120/34 of the Indian Penal Code against the accused persons /private respondents.

(3.) Investigation was complete and charge sheet was filed against the respondents under Sec. 304A/120B/34 of the Indian Penal Code on 18th September, 2014. Subsequently, a supplementary charge sheet was filed against the accused persons adding Sec. 304 of the Indian Penal Code.