PRABIR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner by filing the instant application under section 401 read with section 482 of the Criminal Procedure Code sought to assail Order No.l dated 12.09.2006 passed by the learned Additional District and Sessions Judge, 9th Fast Track Court, Bichar Bhavan, Kolkata.

(2.) Grievances of the petitioner may briefly be stated as follows: On 21.12.2004 one, Narayan Chandra Saha, lodged a complaint alleging that on the said night at about 12.30 a.m. one, Prabir Das, son of late Nanda Lai Das, assaulted him with fists and blows. As a result, he sustained injury on his right eye. He was taken to R.G. Kar Medical College & Hospital and was admitted in the Eye Department of the said hospital. On the basis of such complaint Burtolla Police Station stated a case under section 323/341 of Indian Penal Code. The said case was duly investigated and after completion of investigation police submitted chargesheet in the said case for the offence under section 304 of Indian Penal Code. The learned Magistrate after taking cognizance of the said offence committed the case to the learned Court of Sessions as per section 209 of Criminal Procedure Code. Thereafter, the case was transferred to the learned Court of Additional District and Sessions Judge, 9th Fast Track Court, Kolkata, for trial.

(3.) The learned Court by order dated 12th September, 2006 after hearing learned Counsel for both parties and taking into consideration all relevant materials framed charge for the offence punishable under section 304(Part-II) of Indian Penal Code. Such charge was read over and explained to the petitioner accused person who pleaded not guilty and claimed to be tried. Such order of framing of charge under section 304 (Part-II) of Indian Penal Code had been assailed by the petitioner on the ground that the learned Court failed to appreciate the material on record in their proper perspective.