STATE OF WEST BENGAL Vs. PARAN CHANDRA DAS

JUDGEMENT

(1.) The appeal is directed against the judgement and order of acquittal of the respondent Paran Chanra Das from the charge committing offence punishable under Sections 302/34 of the Indian Penal Code.

(2.) Prosecution case, as alleged, against the appellant and the other accused persons is to the effect that on 7.9.1992 at about 8.00 P.M. the victim Subal Das was taking tea at Gaisal Morh. At that time, the appellant and the other accused persons were sitting in a nearby altar. They started assaulting the victim with balti, lathi and boulder. Nikhil Chandra Das, who is the brother-in-law of the victim and the defacto complainant of the instant case, unsuccessfully tried to save the victim but was chased away. He gave information to the wife and other relations of the victim. Thereafter, the victim was taken to Islampur Hospital where he was declared dead. Over the incident, Nikhil Chandra Das, P.W.1 lodged First Information Report against the appellant and other accused persons being Islampur P. S. Case No.165 of 1992 dated 7.9.1992 under Sections 302/34 of the Indian Penal Code.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and the other co-accused persons under Sections 302/34 of the Indian Penal Code and the case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Islampur, Uttar Dinajpur for trial and disposal. Charges were framed against the co-accused persons viz., Satish Das, Sambhu Das, Subodh Das, Premananda Das, Susanta Das, Paran Das, Raghunath Das and Negen Das under Section 302/34 of the Indian Penal Code.