RADHA KANTA ROY Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order made by the Sessions Judge, Nadia, dated November 18, 1954, by which an order of discharge made under Section 209 of the Code of Criminal Procedure in favour of the Petitioner by a Magistrate of Ranaghat, was set aside.

(2.) The case against the Petitioner was that during the early hours of the morning of April 7, 1954, a dacoity was committed in the house of one Ramkrishna Pramanik, within police station Santipur. Ramkrishna was said to have been sleeping in his room with his wife and son. The sound of breaking open of the door roused from sleep the inmates of the room. The miscreants. entered the room, assaulted Ramkrishna and his wife and took away cash to the extent of Rs. 1,150. The case was that Ramkrishna, his wife and his son recognised two of the persons, one of them being the Petitioner, Radhakanta Roy. Some villagers were attracted to the spot who were apprised of what had happened and one of whom even recognised the Petitioner who had been seen running away with others. An information was lodged with the police which led to an investigation. A charge-sheet was submitted against the Petitioner and another and the resultant proceedings under Chapter XVIII of the Code of the Criminal Procedure were held by the learned Magistrate in the course of which 18 witnesses were examined on behalf of the prosecution.

(3.) The learned Magistrate, however, on a detailed consideration of the evidence adduced by the prosecution, discharged the accused Petitioner under Section 209 of the Code of Criminal Procedure. An application in revision was then moved before the Sessions Judge of Nadia, who made an order setting aside the order of discharge and directed commitment of the Petitioner and another person who had previously been discharged. Thereafter the Petitioner and the co-accused were committed for trial upon a charge of dacoity under Section 395 of the Indian Penal Code.