JUDGMENT

Tirthankar Ghosh, J. - The present revisional application has been preferred challenging the judgment and order dated 18th January, 2001 passed by the learned Additional Sessions Judge, Malda in Sessions Trial No. 11/98 (Sessions Case No. 12/93) arising out of English Bazar P.S. Case No. 188/89 dated 21.06.89 in respect of the accused persons who have been acquitted by the Learned Trial Court with regard to the charges framed against them under Sections 148, 149/302, 149/324, 149/323 and 149/379 of the Indian Penal Code.

2. On the basis of a letter of complaint addressed by Deb Kumar Gupta (hereinafter referred to as the 'petitioner') to the Officer-in-charge of English Bazar police station the present case being English Bazar Police Station case no. 188/89 dated 21.06.89 was registered for investigation under Sections 148, 149/302, 149/324, 149/323 and 149/379 of the Indian Penal Code.

3. The prosecution case in brief is that on 21.06.89 while the present petitioner's father namely, one Sukumar Gupta arrived at his village home at Chandipur at about 8.30 am he was informed by Doman Mondal and Harish Rajak (at about 9.00 am) that the accused persons and Manjur Sk were plucking mangoes from their garden and were armed with weapons like hasua, dao, ballam, lathi, bow, arrow etc. Hearing the same the petitioner's father accompanied by Doman Mondal, Harish Rajak and the petitioner proceeded to the said Aswina Garden, situated by the side of N.T.P.C. Bundh and on seeing his father the accused persons along with Manjur Sk started shouting with threats of finishing them. It has been alleged that Manjur Sk and the accused persons Tatu Sk, Baira Sk, Matu Sk and others attacked the petitioner's father namely, Sukumar Gupta by hasua, dao, lathi, bow and arrow when Harish Rajak tried to prevent the same he was assaulted with hasua on his right arm, Doman Mondal was also assaulted when he tried to prevent the accused persons from assaulting the petitioner's father and as a result of the assault the deceased Sukumar Gupta fell down after sustaining serious injuries all over his body. Additionally it has been contended that the petitioner's father was carrying a revolver which was attached to his belt, one Raju Sk slit the belt of the revolver and Manjur Sk snatched away the same. Petitioner was standing on the bundh and began to shout that the accused persons were killing his father, Harish and Doman also shouted and hearing this many people from the local/surroundings gathered at the place of occurrence and the accused persons fled away after collecting some mangoes which they plucked and left rest of the mangoes scattered on the garden. Petitioner thereafter lifted his father with the aid of others in a rickshaw in a blood stained condition from the orchard and placed him on a rickshaw van and proceeded towards the hospital, but on the way petitioner's father succumbed to death. Petitioner thereafter requested the accompanying persons to take the body of his father to the hospital and he himself went to English Bazar Police station and lodged the written complaint. It has been additionally stated in the complaint that from Bagbari More petitioner's father was taken to the hospital by a taxi and Harish was also treated for the injury inflicted by hasua on his arm.

4. On completion of investigation, the Investigating Officer submitted his charge-sheet against the accused/opposite parties and one Manjur Sk disclosing the commission of offences punishable under Sections 148, 149/302, 149/324, 149/323 and 149/379 of the Indian Penal Code. Learned Magistrate on receipt of the said charge-sheet was pleased to take cognizance of the offence and after compliance of the provisions of Section 207 of the Code of Criminal Procedure was pleased to commit the case to the Jurisdictional Sessions Court. The case was thereafter, registered as Sessions Case no. 12/93 and subsequently re-numbered as Sessions Trial No. 11/98. The learned Sessions Court a