NAWAB ALI GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is defacto-complainant's revisional application under Section 482 read with Section 401 of the Cr. P. C. preferred against the judgment and order of the learned Additional Sessions Judge, 9th Court at Alipore acquitting the seven accused persons of the charge under Section 302 read with Section 34 IPC dated 17th of March, 2006 passed in S. T. No. 85 (8) of 2002 corresponding to S. T. No. 2 (2) of 2003. At about 2-00 p. m. on 04-02-2001 the opposite parties-accused person nos. 1 to 7 chased Haran Gayen, being armed with bomb, tangee, hesua, lathi, rod etc. Haran Gayen hide himself in the bush near a tree. At first they hurled bombs against Haran. Then Yusuf Gayen dealt blow by means of hesua, while others assaulted Haran Gayen by means of rod and lathi. The defactocomplainant Nawab Ali Gayen, the son of the victim raised hue and cry whereupon the neighbours came out and at the sight of the neighbours the accused persons fled away. Haran Gayen lost consciousness. He was taken to police station and then to Nalmuri Hospital where he was pronounced death. There has been going on dispute between the Haran Gayen and the accused persons over landed properties for a long time. The accused persons were ploughing the lands when Haran Gayen raised protest, as a result of which the incident happened.

(2.) THIS was the FIR lodged by P. W. 1, Nawab Ali Gayen with the O. C. Bhangore P. S. against seven accused persons under section 302/34 IPC and the Bhangore P. S. registered a case, namely Bhangore P. S. Case No. 22 dated 14-022001 under that Section of the law against the accused persons.

(3.) LEARNED Trial Judge framed charges under Section 302/34 IPC and upon completion of trial acquitted the accused persons finding certain inconsistencies in the statements of the witnesses.