Dismissed vs Transcriber: Nandy
2021 Latest Caselaw 5977 Cal

01.12.2021                                         GA 10 of 1975

Court
Item
           : 35
           : PB-01
                                              The State of West Bengal
Matter
Status
           : GA
           : DISMISSED
                                                         Vs.
Transcriber: NANDY
                                              Bimbadhar Swain & Ors.

                         Mr. Saswata Gopal Mukherjee, Learned Public Prosecutor
                                                                ...... for the State

                              The   instant     appeal   has   been   preferred   by   the
                         Superintendent and Remembrancer of Legal Affairs, West
                         Bengal on behalf of the State of West Bengal against the
                         judgment and order of acquittal passed by the learned
                         Additional Sessions Judge, Fourth Court, Alipore. The
                         respondents who were acquitted by the judgment of the trial

Court are 1) Bimbadhar Swain 2) Sarju Singh 3) Lakshmi Narayan Das 4) Tapan Sapui 5) Utsab Siswal 6) Braja Bandhu Jana 7) Jaladhar Mohanti 8) Subhani Paridha 9) Biswanath Baidya 10) Kashi Shaw 11) Biswanath Biswal 12) Ukil Mohanti

13) Kalipada Adhikary 14) Narayan Biswal 15) Daitani Roy 16) Purna Chandra Malik @ Mallick 17) Biswanath Nayak 18) Madhab Mohanti 19) Maheswari Saral 20) Kulamani Nayek and 21) Ram Khelawan Misra.

The respondents were tried by the learned Sessions Judge, Fourth Court, Alipore in Sessions Trial No. 1 of January, 1975 which arose out of G.R. Case No. 5111 of 1973.

Charges under Sections 148/149 and 302 of Indian Penal Code were framed against the accused persons and they were tried for such offences. Perusal of the judgment of the learned trial Judge shows that the trial Judge after assessment of the

evidence-on-record, acquitted all the respondents/accused persons of the charges framed against them.

The instant appeal arises out of the aforesaid judgment and order of acquittal of the learned trial Judge. This appeal is pending since 1975.

Mr. Saswata Gopal Mukherjee, learned Public Prosecutor fairly submits before the Court that he has no instruction from the Government so as to further proceeding of the appeal.

After going through the case records, I find that all the processes were exhausted to bring the respondents/accused persons on record, but to no effect.

Learned Public Prosecutor submits that the Court may pass necessary order after going through the records.

I have minutely read the judgment rendered by the learned trial Judge. I have also perused the materials-on- record.

What I find, the judgment of the learned trial Judge is based on evidence and it is in accordance with law. I find no justification to interfere with the judgment passed by the learned Court below.

In view of the above, I feel that the instant appeal should be dismissed.

Accordingly, the appeal is dismissed. The judgment and

the order of acquittal passed by the learned trial Judge is confirmed.

Send back the relevant case records to the learned Court below along with the copy of this order.

GA 10 of 1975 is disposed of accordingly.

(Rabindranath Samanta, J.)