MUJIBAR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Section 482 of the Cr. P. C. is directed against the judgment and order dated 27th of April, 2007 passed in Sessions Case No. 84 of 2006 corresponding to Sessions Trial No. 53 of 2006 arising out of Kaliagunj P. S. Case No. 107 of 2002 dated 9th of September, 2002 by the learned Sessions judge of Uttar Dinajpur at Kaliagunj whereby the learned Judge acquitted the IPC.

(2.) MUJIBAR Rahaman, the present petitioner lodged a written ejahar with the O. C. , Kaliagunj P. S. at 6-05 hrs. on 9th September, 2002 alleging that on the previous day , i. e. on 8th of September, 2002 at about 7-00 or 7-30 p. m. Rafiuddin Sarkar was returning home from hut when the accused persons attacked him and opened fire from his back. Rafiuddin fell down. Some persons came at the spot when the accused persons fled away. Injured was removed to Kaliagunj Hospital via Kaliagunj Police Station and then to Raigunj Hospital and then to Calcutta Medical College and Hospital.

(3.) KALIAGUNJ P. S. recorded the P. S. Case No. 107 of 2002 dated 9th of September, 2002 under Section 341/326/307/34 IPC and took up investigation of the case. After registration of the case the victim died in Calcutta Medical College and Hospital and then charge sheet was submitted under Section 302 IPC along with the other aforesaid sections of the law. The learned Judge framed charges under the aforesaid sections of the law, and upon completion of trial recorded an order of acquittal which is challenged here on the ground that the learned Judge disbelieved without any justifiable reason the dying declaration of the victim made to P. W. 6 Abdul Rashid and P. W. 7 Abdul Samad and also the convincing evidence of P. W. 5, Dr. Nirmal Chandra Tripathi and if evidence of p. W. 5, P. W. 6 and P. W. 7 is believed which cannot be disbelieved by any reason ground of perversity of approach of the learned Judge.