MUKTAR KHAN Vs. SALIM KHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of acquittal dated 21st Dec., 2009 passed by the Additional Sessions Judge, Fast Track, First Court at Paschim Medinipur in Sessions Trial no. filed on 25th May of 2007. By the said judgment and order both the accused persons have been acquitted of the charges under Sections 302/34 of the Indian Penal Code (In short 'I.P.C.') by recording a finding that the accused persons facing trial are not guilty under the aforesaid Sections of the I.P.C. and are discharged from their respective bail bonds.

(2.) The facts of the case are that Muktar Khar, son of late Tarap Khan of village Balihati, P.S. Kharagpur local, District Paschim Medinipur lodged a first information report (In short 'F.I.R.') at 14.35 hours being no. 138/06 dated 28th June, 2006 under Sec. 302 of the I.P.C. It was registered in the general diary at serial no. 1835.

(3.) The allegation in the written complaint was that at about 8.30 a.m. on 28th June, 2006 his son Mossaraf Khan went to the house of his Jethu (uncle) Salim Khan and came back after sometime. He (P.W. 1) found smells of pesticide coming from the hands and mouth of his son. When he and his wife asked Mossaraf, he told them that his Jethima (wife of Salim Khan) i.e. Jarina Bibi one of the accused persons gave him guava to eat which he was eating and also showed the chewed guava to them. His son Mossaraf (since deceased) also told that his Jethu(Salim Khan) had bought this guava from the market. The hands and mouth of Mossaraf (since deceased) were washed by his parents who by then became restless and froth was coming out from his mouth. Seeing this, arrangement for transfer of Mossaraf to hospital was made with the help of village people but he died on his way. Perusal of the complaint further shows that the defacto complainant alleged that to his assumption due to litigation regarding wasteland from before with Salim Khan for which the accused persons had killed his 7 years old son out of grudge by feeding him guava containing poison. He prayed for the investigation to be held in respect of the aforesaid incident and proper punishment be given to the guilty persons.