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2007 Supreme(Cal) 205

PARTHA SAKHA DATTA
SHIB SANKAR GHOSH – Appellant
Versus
ASHIM ROOJ – Respondent


Advocates Appeared:
A.C.CHATTERJEE, A.K.Ghosh, PABITRA BHOMICK, S.HAIDER, S.MUKHERJEE

( 1 ) BY this application under section 397/401 read with Section 482 of the Cr. P. C. the judgment and order dated 18-5-2005 passed by the learned Assistant sessions Judge, Sur. Birbhum in Sessions case No. 7 of 2003 corresponding to G. R. Case No. 101 of 1999 whereby the learned judge acquitted three accused persons namely Uttam Rooj (O. P. No. 3), Latika Rooj (O. P. No. 4) and Dipti Rooj (O. P. No. 9) of the charges under Section 498a/306 of the. P. C. is under challenge.

( 2 ) P. W. 1 Shib Sankar Ghosh, the father of the victim lodged a complaint with the O. C. Dubrajpur P. S. on 8-2-1999 at 15. 50 hours against 11 persons including the nine opposite parties herein alleging that his daughter Lakshi Rooj was married to ashim Rooj (O. P. No. 1) at Tarapith Temple following love affairs was not taken kindly by the members of the matrimonial family as a result of which the members of the family of Ashim did not allow his daughter and ashim to enter into their house. Ashim and lakshi took shelter in another house of ashim at Panditpur and the house of ashim's father's elder brother Balahari Rooj was having a common courtyard with Ashim at Panditpur. While staying at Panditpur latik














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