Judgment

Arijit Pasayat, J.—The informant has filed this appeal questioning judgment of acquittal rendered by a learned Single Judge of the Calcutta High Court acquitting five respondents (hereinafter referred to as the ‘accused’ by their respective names). Since he has died during the pendency of the appeal, an application for substitution by his legal representatives has been filed which is allowed.

2. The trial Court found the respondents guilty of offences punishable under Sections 148 and 304 Part I read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). Law was set in motion by PW-1 (Chanakya) on the accusation that Jaba Dhibar (hereinafter referred to as the ‘deceased’) was assaulted severely by five respondents on the date of occurrence i.e. on 16.9.1985 at about 9.45 p.m. Naran Dhibar (PW-3) who was accompanying him saw the assault by accused Mana Bhattacharjee and fearing assaults on him ran away and informed the family members of the deceased. On hearing about the assaults, the informant, his elder brother Naran and Sandhya, wife of the deceased (PW-2) went to the spot. When they arrived there finding the deceased with bleeding injuries, took him to th