MOJAFFAR HOSSAIN MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order dated 15th March, 2006 passed by the Ld. Additional Sessions Judge, 10th Court, Alipore, South 24 Parganas in connection with ST Case No. 2(1)/2001, wherein the Ld. Trial Court was pleased to acquit the accused persons from the charges under Section 302/34 of the Indian Penal Code (hereinafter referred to as IPC) and Section 9(b) of the Indian Explosives Act.

(2.) The prosecution case in brief is that on 22nd July, 1999 when the complainant Mojaffar Hossain Molla along with Nousad Ali Molla, Nurul Islam Molla and Noor Md. Molla were proceeding towards their village Durgapur from Dewantala, Durgapur More with their bicycle at about 7:50 hours the accused persons, who assembled at the side of the road, started hurling bombs towards them, as a result of which Nousad Ali Molla and his son Noor Md. Molla sustained some injuries and they fell down from the bicycle. The accused persons thereafter slit the throat of Nousad Ali Molla by sharp cutting weapon. The informant recognized the accused persons when the bombs exploded. It is alleged that Nurul Islam Molla also sustained injuries and on hearing hue and cry many persons assembled there and as a result the accused persons fled away.

(3.) The aforesaid facts were reduced in the form of a written complaint and addressed to the Officer-in-Charge, Diamond Harbour Police Station, pursuant to which Diamond Harbor Police Station Case No. 211 dated 23rd July, 1999 was registered for investigation against the accused persons under Sections 302/34 of the IPC and Section 9 of the Indian Explosives Act.