MALAY KUMAR BASU, J.

( 1 ) THIS revisional application is directed against the judgment and order dated 29. 1. 1992 passed in Sessions Trial No. 29/91 by the id. Additional Sessions Judge, 2nd Court, Burdwan acquitting the accused/ o. P. of a charge under section 302/34 and 2011. P. C. The defecto-complainant sri Monoranjan Das has preferred this revisional application against the judgment of acquittal when he found that the State Govt. had not preferred any appeal against the same. The relevant facts in brief are as follows.

( 2 ) ON 22nd December, 1988 the petitioner, Monoranjan Das, lodged a written complaint to the Officer-in-Charge, Katwa Police Station stating therein that on that date at about 3-30 hours in the morning one Ashok Saha and one jatan Datta came to his house and informed him that his brother Amal Das had been taken away forcibly by a gang consisting of Pulak Dutta. Tutul, krishna, Gora and Arun Jha on the previous night. Out of these persons two had come near the tea-stall of Nemai Pramanik when Badal Pal, Rathin, Ashok saha, Jhulan Nandan, Bablu Roy, Tapan Karmakar and 2/3 others had been sitting there. At that time Badal asked Rathin as to why he had given h

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