GOPAL SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the defacto complainant in connection with Serampore Police Station Case No.470 of 2015 dtd. 7/10/2015 under Ss. 448/307/34 of the Indian Penal Code. In the said case police submitted charge-sheet against the opposite parties No.2 to 4 and they are now facing trial before the learned Additional Sessions Judge, 1st Court at Serampur in Sessions Trial No.03 (07) of 2017. At the stage of trial a petition under Sec. 311 of the Criminal Procedure Code was filed before the learned Additional Sessions Judge, 1st Court at Serampore. The said petition having been rejected vide order dtd. 16/11/2022, the petitioner has assailed the said order before this Court in revision.

(2.) The defacto complainant lodged a written complaint before the inspector-in-charge Serampore P.S stating, inter alia, that on 4/10/2015 the father-in-law, brother-in-law and wife of the petitioner's son trespassed into the house of the petitioner and committed robbery in respect of household goods. At the time of departure they sprinkled kerosene oil over the body of the wife of the defacto complainant and set her in fire. In order to save his mother, son of the defacto complainant caught hold of her and he also received burn injury. The injured wife and the son of the defacto complainant were admitted to Paramount Health Care and the doctor opined that the wife of the defacto complainant received 60% burn injury while his son received 25% burn injury. On the basis of the said complaint, police registered Serampore P.S Case No.470 of 2015 dtd. 7/10/2015 under Ss. 448/307/34 of the IPC against the private opposite parties. Be it noted here that wife of the defacto complaint subsequently succumbed to her injuries and Sec. 302 of the IPC was added against the accused persons. Police submitted charge-sheet against the accused persons under Sec. 448/34 with added Sec. 302 of the IPC against the accused persons.

(3.) After filing of the charge-sheet the case was committed to the Court of Session. Trial of the case was taken up by the learned Additional Sessions Judge, 1st Court at Serampore. On 9/11/2021, the accused persons filed a petition under Sec. 311 of the Cr.P.C and the said petition was allowed. The petitioner subsequently challenged the said order dtd. 9/11/2021 in this Court by filing a revision under Sec. 482 of the Cr.P.C and a Co-ordinate Bench rejected the order dtd. 9/11/2021 passed by the Additional Sessions Judge in CRR No.2410 of 2021. It is pertinent to record the relevant portion of the order passed in CRR 2410 of 2021 dtd. 10/12/2021 which is reproduced below: