BANBEHARI DALAPATI Vs. AMULYA DALAPATI

JUDGEMENT

(1.) This is a Revisional application which is directed against a Judgment and order dated 29.2.2000 passed by the learned additional Sessions Judge, 3rd Court, Midnapore in connection with Sessions Trial Case No. 1/November 1998 corresponding to G.R. Case No.900 of 1992 thereby recording an order of acquittal in favour of the accused/opposite parties in respect of charge framed against them under sections 148, 307, 323, 324, 325, 427, 448, 436 and 149 of the Indian Penal Code.

(2.) The order of acquittal has been sought to be assailed in this Revisional application on behalf of the complainant/petitioner on the ground that the evidence on record was not properly assessed by learned trial Court and although the F.I.R. was lodged at 6.15 pm. where as the incident took place at 2.00 p.m. on 01.6.1992 there was no scope of concoction and fabrication of the version and P.W.I who himself was a victim of the incident could not be disbelieved and in view of the fact that there was previous grudge and enmity the prosecution case gained more credibility which the learned trial Court failed to consider.

(3.) It was further submitted that the evidence of the injured witnesses and the independent eye-witnesses were not believed by the learned Judge which has resulted in a failure of justice and since the ingredients of the offences of sections 307,323,324 and 436 of the Indian Penal Code along with other offences have been proved; the order of acquittal was bad in law and requires to be set aside by the Court in exercise of its revisional powers.