MONORANJAN DAS Vs. PULAK DUTTA

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 29.1.1992 passed in Sessions Trial No. 29/91 by the Id. Additional Sessions Judge, 2nd Court, Burdwan acquitting the accused/ O.P. of a charge under section 302/34 and 2011.P.C. The defecto-complainant Sri Monoranjan Das has preferred this revisional application against the judgment of acquittal when he found that the State Govt. had not preferred any appeal against the same. The relevant facts in brief are as follows.

(2.) On 22nd December, 1988 the petitioner, Monoranjan Das, lodged a written complaint to the Officer-in-Charge, Katwa Police Station stating therein that on that date at about 3-30 hours in the morning one Ashok Saha and one Jatan Datta came to his house and informed him that his brother Amal Das had been taken away forcibly by a gang consisting of Pulak Dutta. Tutul, Krishna, Gora and Arun Jha on the previous night. Out of these persons two had come near the tea-stall of Nemai Pramanik when Badal Pal, Rathin, Ashok Saha, Jhulan Nandan, Bablu Roy, Tapan Karmakar and 2/3 others had been sitting there. At that time Badal asked Rathin as to why he had given his motorcycle to drunkards like Pulak Datta and his associates. At that time two boys belonging to Pulak's group had been sitting there and heard such a statement and thereafter they left that tea-stall. Then the said Amal Das came there and took his seat at that tea-stall. At this juncture the said persons who are all accused in this case came there and wanted to know the whereabouts of Rathin and Badal. After this they compelled Amal who was seated there to get up and accompany them to the houses of those two persons, Rathin and Badal. Amal took them to the house of Rathin at first but Rathin was not present at his residence and thereafter Amal was compelled again to accompany those accused persons to the residence of Badal and also Ashok Saha who were then at the house of Jatan Dutta. After this the accused Pulak Dutta and his companion took Amal with them towards Balirghat. Having received this information the informant started a search for his brother in all probable places but till the time of filing of this FIR he had not got any trace of his brother, Amal Das. He further stated in his FIR that it was his firm belief that the said Pulak Dutta and his gang-mates had kidnapped his brother with some ulterior motive. He further stated in his FIR that Pulak and all his companions were in drunk condition and were armed with weapons. On the basis of this FIR police started Katwa P.S. Case No.19 dated 22.12.1988 under section 365 and 368 IPC against the said accused persons. Four days after the lodging of this FIR the dead body of Amal Das was recovered from under the sandbed of Ajoy river in Begunkhola Mouza. After investigation police submitted chargesheet against the said accused persons, in all seven in number, under sections 364, 302 and 201 read with section 34 IPC. The case being exclusively Sessions Triable was committed to the Court of Sessions for trial of the accused persons and the Id. Addl. Sessions Judge framed the charge against the said accused persons except the accused Tutul, who had died in the meantime, under sections 302/34 and 201 IPC for committing murder of the deceased Amal Das. All the accused persons pleaded not guilty to the charge. Thereafter the Id. Addl. Sessions Judge held trial and after obtaining evidence and hearing arguments he passed the impugned judgment under which he found that the prosecution had failed to establish its allegations and as a result the charge had not been proved and accordingly, he acquitted all the accused persons.

(3.) The State Govt. having not preferred any appeal against this judgment of acquittal, the dcfecto-complainant (P.W.I) being aggrieved has filed this revisional application under section 401 of the Cr.P.C.