MANTOSH ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHANDRA Mondal alias Chandrasekhar Mondal being acquitted under section 448/326/302, I. P. C by the learned Additional Sessions Judge, 2nd court Barasat, 24 Parganas North in Sessions Case No. 10 (7) of 1999 [sessions Trial No. 1 (9) of 2000] preferred this revisional application by the de facto complainant/petitioner Monotosh Roy challenging the order of acquittal.

(2.) BACKGROUND facts of the prosecution case may be briefly stated as follows: -On 14. 01. 1998 at 1 A. M. in the right Monotosh Roy and his wife Rekha roy after taking meal were sleeping and at that time three persons of their locality namely Sri Chandra Mondal, Mrityunjoy Mondal and Kalipada Mondal entered into the house of the complainant's uncle with deadly weapons for the purpose of committing murder. Chandra Mondal started to assault on different parts of Monotosh Roy for which he sustained bleeding injuries and when monotosh Roy was groaning in pain at that time the wife of Monotosh Roy woke up from her sleep and she tried to save Monotosh Roy and at that time chandra assaulted Rekha on her person and she sustained bleeding injury and she raised hue and cry. Hearing hue and cry Gopal Roy came to that place and he recognized those three miscreants with the help of a light of a torch when the miscreants left the place with deadly weapons and he tried to catch hold them but they fled away. The complainant entered into the room of his uncle and found both his uncle and aunt who were lying on the floor with bleeding injuries and the complainant came to learn the fact from his aunt. At that time some villagers assembled there and they took both the injured to the hospital at Bagdah. After examination the doctor advised Gopal Roy to shift the injured to Bangon Hospital due to their precarious condition. After treatment monotosh Roy survived but Rekha Roy expired. A complaint was lodged and the P. S. Case was started. The I. O. after completion of investigation and after collecting the injury report and the post-mortem report submitted the charge sheet against the accused Chandra Mondal who was released on bail and stood for trial.

(3.) LEARNED Additional Sessions Judge, 2nd Court, Barasat on perusal of necessary papers placed before him and after hearing both the prosecution and the accused framed the charge under Section 448/326/302,i. P. C. against the accused who pleaded innocent and claimed to be tried.