The prosecution must prove charges beyond reasonable doubt; lack of consistent evidence and contradictions in testimony justify upholding an acquittal.

Judgement :

CHAITALI CHATTERJEE DAS, J.

1. This criminal revisional application filed under Section 401 read with Section 482 of the Code of Criminal Procedure against the judgement and order dated 30^th April,2007 passed by the Learned Additional Session Judge, Islampur, Uttar Dinajpur in sessions case No. 47 of 2002 whereby passed an order of acquittal against the Opposite Party No 2 to 14 from the charges under Section 326/304 (part-I)/34 of Indian Penal Code and under Section 374 of the Explosive Substance Act and under Section 10 of Maintenance of Public Order Act. At the outset it is to be noted that during pendency of this appeal the Opposite Party No. 4,5, 6 expired and the appeal stood abated against them vide order darted 6^th of May,2024 passed by a co-ordinate Bench of this Court.

2. The prosecution case in a nutshell is that the one Momin Ali (P.W.1) lodged that FIR on May 30, 1999 at the Islampur P.S., Uttar Dinajpur alleging inter alia that on May 30, 1999 at about 12 noon, the FIR named accused persons together with other 20/30 persons being armed with Lathi, Ballam ,Sword, Hasua and other deadly weapons came to catch fish from the pond belonging to the de-facto complainant. The de-facto complainant Md. Abdul (since deceased), Md. Isahaque and Md. Kuddus raised objection to such act as a result they were assaulted by those accused persons and in order to kill them bombs were hurled at them by accused Dil Md. And Bhusa Md. Md. Abdul sustained bomb blast injuries in his left side of the body and also sustained bleeding injuries in his right hand.

3. It was further alleged that an arrow was thrown by the accused Siddique as a result Md. Kuddus sustained bleeding injuries on his left leg. Md. Momin the de-facto complainant and Ishaque also sustained bomb blast injuries and also because of such assault by the deadly weapons. The injured were taken to Islampur Hospital where injured Abul succumbed to his injuries at North Bengal Medical College and Hospital. On the basis of such written complaint Islampur P.S. case no.147/99 under Section 147/148/149/323/324/325/326 I.P.C and under Section 3 and 4 Explosive Substance Act started against the 13 accused persons as named in the F.I.R. The case being exclusively triable by a Court of Sessions Judge the same was transferred before the Learned Additional Sessions Judge, Islampur, Uttar Dinajpur and the charge was framed against all the above persons under Section 326/34 , 304 part-1/34 I.P.C and under Section 3 and 4 of Explosive Substance Act read with Section 10 of the Maintenance of Public Order, the content which was read over and explained to all the accused persons to which they pleaded not guilty and claimed to be tried and the trial commenced.

4. It is submitted by the Learned Advocate representing the appellant that the complaint was lodged as a counter blast to the complaint lodged by the present petitioners over the self-same incident in which the de-facto complainant, the deceased Abdul and some other persons were arrayed as accused . It is further submitted that before amendment of Cr.PC. criminal revisional application was maintainable as per the relevant provision against the order of acquittal and accordingly this application was filed which is to be treated as a criminal appeal. Accordingly this Court is empowered to assess the evidence as adduced by the prosecution witnesses in order to dig out the truth.

5. It is submitted that the Learned Court did not consider the evidence adduced by P.W. 2 Hafijuddin where in his cross-examination a suggestion wa