JUDGMENT

Mukherji, J. - This revisional application seeks to quash a proceeding under section 302/34, Indian Penal Code pending against the petitioner arising out of South Port Police Station Case No. 24 dated 25.1.1987. The petitioner is facing a trial Sessions Case No. 15(1) of 1991, before the learned Additional Sessions Judge, 11th Court, Alipore. The prosecution allegation is that on 25.1.1987 at about 5 a.m., 4/5 persons including the present petitioner in furtherance of their common intention to murder Ram Singh, husband of Smt. Arati Singh, assaulted him by means of brick bats, cemented slabs and other hard substances on the Road between Line No. 10 and 14 New Basra Line, Calcutta-43, as a result of which the said Ram Singh sustained multiple injuries on his person and expired at about 9 a.m.

on the same day. The petitioner was, however, identified in the Test Identification Parade by the said Smt. Arati Singh. The petitioner, however, takes a plea that subsequent to his surrendering before the learned Sub-Judicial Magistrate, Alipore, the Investigating Officer had shown him to the said Smt. Arati Singh and as such it was possible for her to identify the petitioner in the T