State of West Bengal vs Brindaban Biswas

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Cal) 248

IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
State of West Bengal – Appellant
Versus
Brindaban Biswas – Respondent

Advocates Appeared:
For the Appellant : Mr. Avishek Sinha
For the Respondent: Mr. Arindam Jana, Mr. Sumanta Das, Mr. Yuvraj Chatterjee

JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order of acquittal dated 06.04.2002 passed by the Learned Additional Sessions Judge, 4th Court, Krishnanagar, Nadia in connection with Sessions Trial No.IV of September, 2001, arising out of Sessions Case No. 46 of July, 2001 under Sections 148, 326/34, 304/34 of the Indian Penal Code thereby acquitting the respondents.

2. The prosecution case precisely stated on 15.04.1999 at about 10:45 hours one Sanatan Ghosh, Son of Susanta Ghosh of Ghoshpara, Shyamnagar under Krishnaganj P.S. filed a written complaint to the Officer-in-Charge, Krishnaganj P.S. that on the night of 14.04.1999 at about 12:30 a.m., the complainant along with his brother Gostha Ghosh ghosh and his father Susanta Ghosh were irrigating their Jute field situated on the southern side of their village. Suddenly, the respondents, who were the residents of the village, being armed with sharp cutting weapons, attacked them and chopped at random. However, the de facto complainant managed to flee but his brother and his father sustained grievous injuries. Thereafter, in the night they were taken to Krishnaganj hospital.

3. On the basis of t