S K MEHROTRA Vs. JAHANGIR KABIR

JUDGEMENT

(1.) THIS revisional petition has been filed by the de facto complainant against the order of acquittal recorded in Sessions Trial Case No.145 of 1989 decided by Shri S.R. Banerjee, Additional Sessions Judge, First Court, Hooghly.

(2.) ACCORDING to prosecution, there was some labour disputes in Light Metal Industries Ltd. On 2nd April, 1988, P.W. 7 R.C. Mohan who was working as one of the Managers along with Debasis Dutta, were coming from the Railway Station by the company's car. The car stopped at the gate of the factory because the gate was closed. The car was driven by P.W.5 Sishir. The accused persons and some others wanted to talk to P.W.71 R.C. Mohan on the spot but he asked them to come to the office. Mr. Mohan was dragged out of the car and was given severe beating. The co -occupant of the car was also beaten 4 Mr. A.P. Sinha, Manager, Administration came out of the factory to rescue Mr. Mohan, he was also beaten up by the accused persons. Jitendra Nath Das also sustained injuries in the same incident. P.W. 1 Mr. S.K. Mehrotra wanted to ring up the police but the telephone connections had been snapped. He asked the wireless operator to inform the police. Sub -Inspector, reached the spot at 1.30 p.m. and found Mr. R.C. Mohan and others in injured condition. He asked them to lodge a complaint and get the injured persons examined in a Government Hospital. Subsequently, a written F.I.R. was presented in the police station by P.W. 1 Mr. S.K. Mehrotra and the injured persons were examined by the Government doctor. But prior to that, at 11.30 a.m. P.W.3, Dr. S.N. Chatterjee, who is a physician attached to the factory, examined the injured persons and found several injuries on the person of Mr. R.C. Mohan. One lecerated cut wound and one swelling on the person of Jitendra Nath Das and as many as four injuries on the person of Mr. A.P. Sinha.

(3.) P .W. 4 Dr. Sambhu Charan Dhar, who is a medical officer attached to District Hospital, Chinsura, examined the victims at 5.45 p.m. on the same day. As many as nine injuires were found on the person of Mr. R.C. Mohan, three injuries on the person of Mr. A.P. Sinha, three injuries on the body of Mr. Jitendra Nath Das and two injuries on the person of Mr. Debasis Dutta.