SMT. NANU SABAR Vs. CHHUTU MAHATO AND ORS.

JUDGEMENT

(1.) Learned Additional Sessions Judge, Purulia in Sessions Case No. 65 of 1997 (Trial No. 24 of 1997) acquitted ten accused persons upon trial of the charges under Sec. 148, 341/149, 304(Part -I)/149 of the IPC by his judgment and order dated 20 -122001 and the present revisional application has been filed by the wife of the deceased Smt. Nanu Sabar of village Boro under P.S. Boro of the district of Purulia on the grounds that there was misappreciation of evidence of the witnesses and in spite of P.W. 1 being eye -witness to the incident her evidence was not believed without any reason and that observation of the learned Judge that as the incident took place amidst darkness the assailants could not be identified was unjustified because the point was not raised by either of the parties in cross -examination of any of the witnesses.

(2.) One Satyakinkar Mahato of village Boro lodged an FIR with the O.C. of Boro P.S. at 22.25 hours on 05 -09 -1993 alleging that a meeting in the village had taken place on 05 -09 -1993 concerning abduction of one Satish Mahato and the deceased Haripada Sabar was called to the meeting. In course of the meeting the deceased disclosed that his two sons -in -law and his wife's sister's husband Gura Sabar had taken Satish Mahato from his house and no sooner had this disclosure been made the people in the meeting became excited and the agitated members of the public assaulted Haripada Sabar. Jaladhar Tantubai and Santosh Mahato informed the incident to the police earlier lest agitation did not flare up further.

(3.) This has been the FIR which was received at 22.25 hours pursuant to which Boro P.S. Case No. 43 of 1993 dated 05 -09 -1993 was registered under Sec. 147/325 of the IPC.