RUDRA NARAYAN SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE revisional application arises out of Order No.6 dated 22.11.1995 passed by Assistant Session Judge, Contai in sessions Trial Case No.27 on September, 1995 arising out of G.R. Case No.233 of 1994 whereby he rejected the prayer for the accused petitioner for discharging him in accordance with section 227, Cr.P.C.

(2.) ON the basis of written information lodged on 6th of June, 1994 by one Shri Hridaya Singha that his son Ajit, aged about 20 years and a student of Class X was found in an unconscious state in the Village burning Ghat, and a Container of poison and a packet containing vermillian were found lying by his side. It is alleged that prior to date of incident which was on 14.3.1994 there was a rumour in the Village that Ajit was having an affair with one Parul, daughter of Sudhangshu Singha of the same Village. Acting on this rumour Sudhangshu Singha and some other co -villagers including the present petitioner are alleged to have tortured both physically and mentally, Ajit and his family members for all this five, six months. On the day of incident at about 22.30 hours Sudhangshu Singha and others including the present petitioner went to the house of the informant and branded his son Ajit as a thief and made a thorough search for him in the house. Ajit was however not available in the house. In the next morning he was found lying unconscious in the burning Ghat as stated earlier. He was shifted to the Sub -Divisional Hospital for treatment where he expired on 16th of March, 1994. It has been alleged that Ajit committed suicide by taking poison due to torture of the accused persons. Contai P.S. Case No.79/94 dated 6.4.1994 under section 306, I.P.C. was accordingly started. It ended in a charge sheet against thirteen (13) persons including the present petitioner. The case was ultimately committed to the Court of Sessions.

(3.) ALL the accused persons including the present petitioner preferred an application under section 227, Cr.P.C. before the Assistant Sessions Judge on 9.11.1995 praying for discharge. After hearing both the sides and after going through the material collected in course of investigation the Assistant Sessions Judge rejected the prayer of discharge by the impugned order.