Judgment

S. K. DAS, J. : (on behalf of himself and A. K. SARKAR, J.) This is an unfortunate case in more than one sense. So far back as August 11, 1950, there was some incident in premises No. 18 Bondel Road in Calcutta in the course of which one Col. S. C. Mitra, a Gynaecologist and Surgeon, lost his life. Col. Mitra was the husband of petitioner No. 1 and father of petitioner No. 2. In connection with the Colonel s death, Sunil Chandra Roy, at present respondent No. 1, and his two brothers were placed on their trial for offences under Ss. 302, 323 and 447 of the Indian Penal Code. Very shortly put, the case against them was that they had trespassed into 18 Bondel Road, following upon a quarrel regarding the supply of water to premises No. 17 Bondel Road which belonged to petitioner No. 2 and consisted of several flats one of which on the second floor was in occupation of Sunil as a tenant; that they had attacked Col. Mitra and petitioner No. 2; that Sunil had inflicted a blow or blows on the Colonel which caused his death and that one of his brothers Satyen had inflicted some minor injuries on the person of petitioner No. 2. There was also a charge against Sunil for an assault all