Swapan Chandra Das, J.

1. By this revisional application, filed under Section 397 read with Section 401 of Cr.P.C., the petitioner challenged order, dated 25.04.2008, passed by learned Addl. Sessions Judge, Belonia, South Tripura, in Case No. S.T. 49(ST/B)/2007, whereby learned Addl. Sessions Judge rejected the petition filed by the petitioner-seeking further investigation in connection with the Sessions Trial case. Heard learned counsel, Mr. Alik Das for the petitioner and learned P.P., Mr. D. Sarkar for the respondent No. 1 and learned counsel, Miss R. Guha for respondent Nos. 2 to 14. Also heard learned counsel, Mr. Samarjit Bhattacharjee, who was appointed as Amicus Curiae to conduct the case.

2. Facts, necessary for disposal of the present revisional application, in short, noted thus:

2.1 Krishna Keshab Datta, a constable of Tripura Police, attached with S.B. Wing, husband of the petitioner, was found at Manpathar market under Santirbazar PS on 05.12.1998 at about 1630 hrs. So far the records reveals, the said Krishna Keshab Datta at the relevant time was posted as PSO of one MLA Sri Gouri Sankar Reang. The said Krishna Keshab Datta was picked up by the personnel of Tripura State Rifles (for short, TSR) posted at Manpathar TSR camp and was beaten up in the market and, thereafter, he was taken to the nearby TSR camp. Accordingto the FIR lodged by Sajal Sharma, SI of Police of Manpathar Out Post, the said Krishna Keshab Datta was found creating nuisance in the Manpathar market under influence of liquor and was unable to take care of himself and that his service revolver was also falling down repeatedly from his waist and at that time the TSR constables picked him up and took him to the TSR camp. Subsequently, he was handed over by the TS R personnel to the Manpathar police Out Post, headed by SI Sajal Sharma and on such production SI Sajal Sharma arrested him under Section 151 of Cr.P.C., since he found him under influence of liquor and, thereafter, he took him to Santirbazar hospital for his medical examination. He was admitted in Santirbazar hospital and, on the following day, i.e., on 06.12.1998, SI Sajal Sharma released Krishna Keshab Datta on bail to his younger brother, Napor Datta. Since the health condition of Krishna Keshab Datta was deteriorating gradually, on 06.12.1998, he was referred to T.S. District Hospital, Udaipur, and accordingly, he was taken to the T.S. District Hospital, wherefrom he was referred to G.B. Hospital and on way to GB. Hospital, at Bagma, he died and, therefore, his relatives brought the dead body back to T.S. District Hospital, where postmortem examination over the dead body was done. On the basis of a report from the T.S. District Hospital, Udaipur, U.D. Case No. 1(12)/98 under Section 174 of Cr.P.C. was registered on 08.12.1998 and SI Sajal Sarma started investigation. He collected the postmortem report conducted at T.S. District Hospital, Udaipur and it was found that Krishna Keshab Datta died because of severe head and chest injuries and the death was homicidal in nature. In the postmortem report, the autopsy surgeon found the following injuries--

(i) Haematoma (2 cm diameter) over the occipital region.

(ii) Multiple abscurious and swelling on the backside of chest.

(iii) Blood inside nostrils, ears. The autopsy surgeon opined that the cause of death of the deceased was head injury as well as chest injury.

2.2 After having investigation under Section 174 of Cr.P.C., SI Sajal Sharma filed a suo-motu FIR on 10.12.1998 before the O/C Santirbazar PS alleging, inter alia, the facts, as stated above, and accordingly, Santirbazar PS Case No. 82/98 under Section 302 of IPC was registered and an investigation was taken up. O/C of the PS entrusted the charge of investigation with SI Nitya Nanda Sarkar and, subsequently, investigation was entrusted to CID.

2.3 On conclusion of investigation, I.O. filed charge sheet against 13 (thirteen) TSR personnel, i.e., the respondent Nos. 2 to 14 of the pres