GHANASHYAM DE Vs. KRISHNA PADA PAL

JUDGEMENT

(1.) -This revisional application is directed against the judgement and order dated 31.8.88 passed by the learned Additional Sessions Judge, Midnapore in Sessions Trial Case No. XXIII/August 1987 acquitting the accused opposite parties of the charges under sections 148, 304 Part-I/149 and 323/149 of the Indian Penal Code.

(2.) Briefly stated, the prosecution case was as under : On 16.2.1986 at about 8 A. M. P.Ws. 1 to 6 and the deceased Gadadhar Dey were cultivating plot No. 403 of Mauza-Deypara, for growing 'Til', crops belonging to the village deity "Sri Sri Nilkantha Mahadeb" when the accused persons in a body armed with various weapons like lathis, spades, ballams etc. attacked them and assaulted the deceased Gadadhar Dey and injured three of them. The victims were removed to Deypara Primary Health Centre wherefrom Gadadhar was shifted to Midnapore Sadar Hospital for treatment as his condition was grave. Gadadhar succumbed to his injuries. The petitioner lodged First Information Report with the Police on the basis of which a case was started against the accused persons. After completion of investigation Police submitted charge-sheet against the accused persons which in the usual course ended in the committal of the case to the court of session. The accused persons stood their trial under sections 148,304 Part-I/149 and 323/149 of the Indian Penal Code with the result already indicated above.

(3.) Being aggrieved by the order of acquittal the petitioner who was the de facto complainant has preferred this revision.