SUDHIR KUAR NANDI Vs. DHIREN NANDI

JUDGEMENT

(1.) This revisional application has been preferred under Section 401 read with Section 482 of the Cr.P.C. against the judgment and order of acquittal dated 22/12/1998 passed by the learned Additional Sessions Judge, 1 st Court, Midnapore in Sessions Trial No. 42/November, 1996.

(2.) The circumstances leading to filing of the case is that on 16.4.1995 while one Rabindranath Giri was returning home at about 11.30 p.m. at that time he found one motorcycle outside the house of one Sristidhar Basuri. Some of the opposite parties were present their. At that time Rabindranath Giri heard the opposite party No. 1 disclosing that petitioner Sudhir Nandi should be taught a lesson otherwise the C.P.I. (M) party could not be strengthened in the locality. Rabindranath thereafter reported the matter to the petitioner.

(3.) On 17.4.1995 at about 8 a.m. while the petitioner was attending his customers, he heard the shouting of slogan and a procession was coming towards his house. The processionists, consisted of 50/60 persons belonging to the CPI(M) party, shouted various slogans against the petitioner and the opposite party Nos. 1 to 27 were in the said procession. When the procession came near that house at that time the petitioner's son Tushar Nandi, Tufan Nandi and Arun Nandi, nephew of the petitioner, protested regarding the shouting of slogans against the petitioner. In.fact Tufan Nandi went to the road and asked the opposite party No. 1 as to why they were abusing his father. The opposite party Nos. 4 and 2 came running towards Tufan and the opposite party No. 1 fired from his pistol. The opposite party Nos. 2 and 4 then caught hold of Tufan Nandi and opposite parties pierced the belly of Tufan by thrusting an arrow and thereafter pulled it out. Due to this Tufan fell on the ground and shouted for help disclosing that opposite party Nos. 1, 2 and 4 assaulted him in that manner. When Tushar and Arun rushed forward to save Tufan, at that time Tushar was injured on his left leg by the opposite party No. 2 and Arun was injured in his left arm by an arrow. The opposite party Nos. 12 and 15 assaulted Tushar with a lathi. Arun was assaulted by fists and blows by the opposite party No. 10.