KRISHNA DAS Vs. KHUDIRAM DAS

JUDGEMENT

(1.) No one appears for the parties. No accommodation is sought. The revisional application relates to judgement and order of acquittal dated 22nd Dec., 2003 passed by the learned Additional Sessions Judge, Fast Track Court, 1st Court at Burdwan in Sessions case No. 6A of 2003, wherein charges punishable under sections 448, 302/34 and 325 of the Indian Penal Code were framed against four accused persons. The grievance of the petitioners are that the learned Trial Court has wrongly appreciated the evidence and acquitted the accused persons. It would be pertinent to state at the outset that out of four accused persons who were charge sheeted in this case, two of the accused namely, Khudiram Das and Nidhiram Das were juvenile and as such the case was split up against them.

(2.) The prosecution case so far as it related to the First Information Report was to the effect that at about 5 to 5.30 P.M. on 21.10.2000 when the wife of the defacto complainant went to bring water from a tube well situated by the side of the public road, there was an altercation over the issue of taking water in between Archana Das (wife of the defacto complainant) on the one side and the member of the family of the accused persons on the other side. As a result of this the accused persons entered into the house of the defacto complainant and started assaulting the family members when the wife of the accused persons supplied lathi/sticks to them. The family members of the defacto complainant started to flee away when the accused Khudiram hit on the head of Babu Das by lathi/stick as a result of which he fell down and lost his sense. The father-in-law of the defacto complainant and one Naran also sustained injury including fracture. The injured were taken to the hospital as well as to the police station but Babu Das aged about 12 years died on 21.10.2000 at about 10.30/11.00 P.M. in the hospital.

(3.) The case was initiated against four accused persons and after completion of investigation the police authority submitted charge sheet under sections 448/325/307/302/34 of the Indian Penal Code. As earlier stated two of the accused persons being juvenile their case were split up and charges were framed against Neul Das and Chinu Das by the learned Sessions Court. The charge so framed under sections 448/325/302/34 of the Indian Penal Code were read over to the accused to which they pleaded not guilty and claimed to be tried.