CHINMOYEE SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal revisional application has been preferred assailing the proceedings in connection with G.R. Case no. 139 of 2019 arising out of Sonamukhi Police Station Case no. 26 of 2019 dtd. 10/3/2019 under Ss. 304/34 of the Indian Penal Code (for short IPC) presently pending before the Ld. Chief Judicial Magistrate (for short CJM), Bishnupur, Bankura. Brief facts:-

(2.) The impugned proceeding was put into motion by a written complaint dtd. 10/3/2019 made by the opposite party no. 2 herein (brother of the deceased) with the Officer-in-charge of Sonamukhi Police Station alleging inter alia that on 10/3/2019 at 09:00 hours a hot altercation took place between his brother namely Ram Chandra Ghosh (since deceased) and his neighbour Partha Ghosh regarding the positioning of the tractor of the petitioner in front of the house of the deceased brother of opposite party no. 2 which resulted in total blockage of the village road. During the altercation when the deceased asked the petitioner to remove the tractor from the road the accused along with others assaulted the deceased brother of the defacto complainant which resulted in his brother sustaining serious injuries. Thereafter, he was taken to Barjora Hospital where the attending doctor declared him as 'brought dead'.

(3.) Over this written complaint Sonamukhi Police Station Case no. 26 of 2019 dtd. 10/3/2019 was started under Sec. 304/34 of the IPC.