GAYARAM MONDAL Vs. STATE

JUDGEMENT

(1.) By this Application under section 439(2) of the Code of Criminal procedure the petitioner-Informant has prayed the Court for cancellation of bail granted to the Opposite-party No.2-accused, Bejoy Mondal, by the learned Sessions Judge of 24-Parganas (South) at Alipore by his order dated 19th September, 1994 in Criminal Misc. Case No. 5143 of 1994 before him in connection with Bhangore P.S. Case No. 197(9) of 1994 under Sections 147/148/149/325/326/307/304, I.P.C., on the grounds made out therein.

(2.) We had already heard the submissions of the learned Advocates for the petitioner and the Opposite-party No. 1-State of West Bengal. The Opposite-party No. 2-accused Bejoy Mondal did not appear before the Court during the hearing despite due service by Registered post on personal acknowledgement on 21st November, 1994, as appearing from the Affidavit-of-Service filed by the petitioner.

(3.) Upon hearing the submissions of the learned Advocates for the petitioner and the Opposite-party No. 1-State of West Bengal and perusal of the materials on record, it appears that on 8th September, 1994 at about 7.30 P.M. the accused Lakhan Mondal, Ranjan Mondal, Ramal Moadal, Pulin Mondal, Phatik Mondal, Hemanta Mondal, Chimanta Mondal had allegedly picked up quarrel with the petitioner and his other family members, and being aided and abetted by each other, armed with lathis and Da, had attacked the petitioner, his brothers and uncle, as alleged in the F.I.R. The accused Chimanta Mondal had attacked the petitioner's brother Kashinath Mondal on his head by a "Da", he was carrying on his hand, as a result of which the victim had sustained serious and grave head injuries. When the petitioner, his brothers and uncle went to Kashinath's rescue, the other accused persons, aided and abetted by each other, more particularly, the accused Ranjan Mondal and Pulin Mondal, had assaulted the petitioner's uncle and broke his hand and caused serious injuries to him. The entire assault took place at the behest of and under the direct leadership and instigation of the accused Opposite party No 2-Bejoy Mondal. The injured Kashinath Mondal had to be removed to the Hospital where he had subsequently succumbed to his injuries. On the basis of the F.I.R. lodged by the Informant on such allegations, the police had started the relevant Bhangore P.S. Case No. 197(9) dated 9.9.94, and had arrested the accused Bejoy Mondal, along with four others, from the village on the same day, who were produced before the Sub-Divisional Magistrate concerned on 10th September, 1994.