SUKUMAR MUKHERJEE Vs. MALAY KUMAR GANGULY

JUDGEMENT

(1.) Professor (Dr.) Sukumar Mukherjee and Professor (Dr.) Baidyanath Haider were found guilty under section 304A of the Indian Penal Code and each of them was sentenced to suffer simple imprisonment for three months and also to pay a fine of Rs. 3000/-, in default, to suffer further simple imprisonment for 15 days by the judgment and order dated 29.5.2002 passed by the learned Chief Judicial Magistrate, Alipore in Complaint Case No.C- 3882 of 1998. The learned Magistrate, however, found professor (Dr..) Abani Roychowdhury not guilty under section 304A of the Indian Penal Code and accordingly, acquitted him.

(2.) Against the said order, professor Mukherjee filed Criminal Appeal No.55 of 2002 and professor Haider filed Criminal Appeal No. 54 of 2002 before the learned Sessions Judge at Alipore, whereas the complainant, Mr. Malay Kumar Ganguly, on the other hand, filed a revisional application being C.R.R. No.1856 of 2002 for enhancement of the punishment inflicted upon professor Mukherjee and professor Haider. The complainant also filed another application under section 378(4) of the Code of Criminal Procedure being CRM No.3045 of 2002 praying for leave to appeal against the order of acquittal of professor Roychowdhury. This application was assigned to this Court and by an order dated 19.8.2002, the leave was granted to file the appeal. The appeal was actually filed on 29.8.2002. The said appeal was also assigned to this Court and by an order dated 3.10.2002 the appeal was admitted for hearing and numbered as C.R.A. No.295 of 2002.

(3.) Meanwhile the complainant, Mr. Malay Kumar Ganguly filed two separate applications (CRR 22 of 2002 and CRR 23 of 2002) praying for transfer of both the appeals from the Sessions Court to this Court mainly on the ground that the application for enhancement of sentence and the appeal against acquittal were assigned to this Court for final decision.