SITA DEVI Vs. SHYAM SINGH

JUDGEMENT

(1.) This revision petition has arisen against the order dated 25-9-1990 passed in Sessions Case No. 174(N-M)/87 (GR Case No. 475/85) under Section 302, I.P.C. by the then Sessions Judge, Nagaon discharging the accused persons from indictment under Section 302/34, IPC and setting them at liberty.

(2.) The Sessions Judge by the impugned order discharged the accused respondents holding that after perusing the case record there found nothing incriminating against them. The order, as it transpires on its reading, is not a mere order of discharge but a full-fledged judgment of acquittal as if rendered on appreciation of evidence.

(3.) This two petitioners knocked the door for justice against the order of discharge of the accused by the Sessions Judge, Nagaon. Police registered the case and took up investigation in which it was revealed that the husband and father of the petitioner Nos. 1 and 2 respectively was killed on 26-4-1985 at about 10.30 p.m. at village Dakhin Vidyanagar and it was suspected that the accused opposite party members along with one Mura Singh (since deceased) murdered him upon which ejahar was lodged. Police examined as many as 35 witnesses and obtained expert report on the seized articles including hawai chappal and blood stained cloths and after closing of the investigation submitted a charge sheet against four accused persons, the respondents.