FULTUSI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Jangipur, District- Murshidabad, in S.T. No.1 (3) 06 arising out of S.Sl. No.160/05 dated May 31, 2010. By virtue of the impugned judgment the learned Trial Court held that the prosecution failed to bring home the charge levelled against the respondent nos.2 to 13 under Sections 302/307/34 of Indian Penal Code, 1973 (hereinafter referred to as I.P.C.) beyond reasonable doubt. The respondent nos.2 to 13 (accused persons) were held not guilty of offence punishable under Sections 302/307/34 I.P.C.

(2.) The backdrop of this appeal, in a nutshell, is as under:-

(3.) On receipt of the above complaint, Suti Police Station, Murshidabad made General Diary Entry no.985 on February 28, 2005 at 17.10 hours. Then in the above Police Station Suti P.S. FIR No. 27/05 dated February 28, 2005 was lodged against the respondent nos.2 to 13 alleging the commission of offence by them under Sections 302/326/34 of I.P.C. and Section 9 (B) (II) of the Indian Explosive Act (hereinafter referred to as I.E. Act) on that date.