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1996 Supreme(Cal) 215

Asish Baran Mukherjee
Rudra Narayan Singha – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Amit Talukdar for the petitioner; R. P. Bhattacharyya for the State;
P. R. Roy, Abhra Mukherjee for the defacto complainant.

JUDGMENT

A.B. Mukherjee, J. : The revisional application arises out of Order No. 6 dated 22.11.95 passed by Assistant Sessions Judge, Contai in Sessions Trial Case No. XXVII on September, 1995 arising out of G.R. Case No. 233 of 1994 whereby he rejected the prayer for the accused petitioner for discharging him in accordance with s. 22 Cr.P.C.

2. On the basis of written information lodged on 6th of June, 1994 by one Shri Hridaya Singh a that his son Ajit, aged about 20 years and a student of class X was found in an unconscious state in the Village burning Ghat and a container of poison and a packet containing vermillian were found lying by his side. It is alleged that prior to date of incident which was on 14.3.94 there was a rumour in the village that Ajit was having an affair with one Parul, daughter of Sudhangahu Singha of the same Village. Acting on this rumour Sudhabgshu Singha and some other co-villagers including the present petitioner are alleged to have tortured both physically and mentally, Ajit and his family members for all these five/six months. On the day of incident at about 22.30 hours Sudhangshu Singha and others including the present petitioner went to the house of t













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