JHARNA DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revision challenges the order passed by learned Additional Sessions Judge, Fast Track, 3rd Court, Barasat, North 24 Parganas, arising out of Rajarhat P.S. Case No. 143 dtd. 8/7/1999. By the impugned order learned Trial Court refused to discharge the accused persons.

(2.) Briefly stated, Debaprasad Das of village Hariharpur, set the criminal proceeding into motion by informing the Officer-in-charge of Rajarhat Police Station that on 8/7/1999 at about 9.15 a.m. he attended the factory under the style "Moon Electrical Company" where he was working for gain. The building housed another factory under the style "Lampco Electricals" in the first floor and second floor. The entire property is owned by Chandan Dasgupta and his brother Swapan Dasgupta. While the informant was preparing himself for the work, he first heard a sound of blast on the 3rd floor, people were screaming for help. Black smoke was bellowing out of the room. Then he could understand that there had been a fire break out in the factory. Local people also assembled there. Fire Brigade came and extinguished the fire. Rabin Maity and 5-6 other workers sustained severe burn injury. Six lady workers and two male workers succumbed to burn injuries caused by fire. There was inflammable like kerosene required to run the wire compressor in the factory.

(3.) As the information disclosed offence cognizable in nature Rajarhat P.S. Case No. 143/1999 was registered. Police took up investigation which culminated into submission of charge sheet under Sec. 285/287/338/304/34 of the I.P.C. against six accused persons. The accused persons surrendered to the jurisdiction of learned Trial Court and filed an application under Sec. 227 of the Code of Criminal Procedure. Learned Trial Court after due consideration was pleased to dismiss the application. The petitioner Jharna Dasgupta being one of the six accused persons filed this application for criminal revision.