SMTI JAMUNA DAS Vs. RAM CHANDRA DAS

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 19-09-2009, passed by the learned Sessions Judge, Cachar, Silchar, in Sessions Case No. 21/2008 acquitting the respondents no. 1 to 5.

(2.) We have heard learned Amicus Curiae, Mr. B.M. Choudhury for the informant/revision petitioner, learned Addl. Public Prosecutor, Mr. H. Sarma for the State/respondent No. 6 and learned counsel, Mr. S.C. Biswas for the respondents No. 1 to 5.

(3.) As per prosecution case, on 13-08-1995 at about 8 am, the accused persons named in the FIR mounted assault on the informant/revision petitioner and her two sons, Nikhil Das and Sunil Das and brother Bhupen Das, causing severe injuries. The revision petitioner herein, lodged the FIR (Ext.-5), on the basis of which, police registered Silchar P.S. Case No.886/1995 under Sections 147/448/325/327/326/427/149 IPC and commenced investigation. During the course of investigation, the victim Sunil Das succumbed to the injuries and accordingly Section 302 of the IPC was added. In course of investigation, police recorded the statement of the witnesses, sent the body of the victim for post mortem examination, prepared the inquest report and on the conclusion of investigation submitted charge-sheet against eleven accused persons including the respondents No. 1 to 5. Some of the charge sheeted accused absconded and eventually the trial proceeded against the respondents No. 1 to 5.