SIRSHIK TANTI Vs. AMRIT PATNAYAK @ MITRA

JUDGEMENT

(1.) THE challenge in this petition is the order of acquittal dated 20 -2 -1996 passed by the learned Sessions Judge, Dibrugarh in Session Case No. 74/95 acquitting the accused respondent from charges under Section 302 IPC. This petition has been filed by Sri Sirshik Tanti, who was the informant of the case and lodged the FIR (Ext -1). It has been wrongly registered as Criminal Appeal, in fact the present petitioner has no right to file the appeal against the acquittal and it is under provisions of Section 378 CrPC only State can file an appeal against the acquittal. Accordingly this appeal is treated as a revision against acquittal and is disposed of within the parameter of the court in deciding a revision against an order of acquittal.

(2.) I have heard Mr. N N Saikia, learned senior advocate assisted by Ms. A Sinha. Also Heard Mr. G P Bhowmik, learned counsel appearing for the accused respondent and Mr. Munir, learned public prosecutor.

(3.) ON being committed by the learned Judicial Magistrate, the case was tried by the learned Sessions Judge, Dibrugarh registering the case as Sessions Case No. 74/95. During trial a charge under Section 302 IPC was framed against the accused, which was denied by him and claimed to be tried. During the course of trial prosecution examined five witnesses whereas defence examined three. After consideration and appreciation of the evidence and materials on record the learned Sessions Judge vide judgment and order dated 20 -2 -1996 acquitted the accused person giving him the benefit of doubt. The present revision petition has been filed by the petitioner (PW 1) informant against the aforesaid order of acquittal, as stated earlier.