RAMKRISHNA ROY Vs. STATE

JUDGEMENT

(1.) This is a petition preferred by one Ramkrishna Roy praying that his commit trial to stand his trial along with a number of other persons in the Court of Session upon charges of murder, rioting concealment of evidence of murder and causing hurt be quashed on the ground that there was no evidence at all before the learned Magistrate upon which this man could be committed to stand his trial.

(2.) The case for the prosecution was that eighteen persons including, the petitioner had attacked one Kazi Ali Hossain and had , murdered him and thrown this body down the shaft of a disused mine. It was said that on the day in question the deceased was going to the house of a zamindar of the village at about 6 p.m. He was waylaid and attacked and brutally assaulted by deadly weapons and as a result of his injuries he died very quickly. His body it is said, was taken to the air-shaft of an abandoned colliery and was thrown into the shaft.

(3.) There was direct evidence implicating a number of, the accused. But there was no direct evidence of any kind implicating the petitioner. The petitioner was charged along with his brother Bhudeb Roy and it is to be observed that the, latter was discharged. The evidence against both the brothers wag very much the same except that as against the petitioner there was the fact that he had been implicated in a retraced confession by one of the co-accused.