MATIUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional petition is directed against the Order dated February 7, 1996 passed by Sri A. Das, Additional Sessions Judge, 1st Court, Murshidabad in Sessions S.L. No. 227 of 1992. The petitioner accused was summoned under Section 319(1) of the Cr. P.C. during the pendency of the Sessions trial and, thereupon, by the impugned order his prayer for discharge was refused and on the basis of the evidence available on the record, a charge for the offence under Section 364 read with Section 120 - B of the Indian Penal Code was framed against him so as to face the trial along with two other co - accused persons.

(2.) ON October 2, 1981 one FIR was lodged on the basis of a complaint filed in Raninagar Police Station, District Murshidabad. The allegation in nutshell was that on September 27, 1981 the deceased Gani Mondal, on being induced by a false proposal of purchasing some land left his village for Ranaghat with Rs. 8,000/ - in cash and a golden necklace in the company of accused, Sumer Seikh, by a bus. On the way, another accused, Ekramul Seikh boarded the bus and joined them, On September 28, 1991 both the accused namely, Sumer Seikh and Ekramul Seikh returned home and gave out to the villagers that the deceased Gani Mondal had gone to Calcutta. When the deceased did not return, the villagers challenged the accused persons whereupon, they confessed that they along with some others had murdered Gani Mondal (deceased).

(3.) THE investigation, at a later stage, was taken up by the CID, West Bengal from the hand of the local police and, after a lapse of six years, a chargesheet under Sections 364/302 of the Indian Penal Code was submitted against only two of the accused persons named in the FIR. While the name of the petitioner was mentioned in the chargesheet it was submitted by the Investigating Officer that no sufficient evidence could be collected against him and, accordingly, there was prayer to discharge him.