Shib Bilash Ghosh vs Unknown
2022 Latest Caselaw 92 Cal

17.01.2022.
Ct.No.29.
AS.
4.

                               C.R.R. 1250 of 2010

              In the matter of : Shib Bilash Ghosh.
                                                 ... Petitioner.

              Mr. Madhusudan Sur, ld. A.P.P.,
              Mr. Dipankar Paramanick.
                                         ...for the State.


                   Learned Advocate on behalf of the State appears. None

              appears on behalf of the petitioner.

                   Proper authority is requested to regularize the appointment

              of Mr. Madhusudan Sur and Mr. Dipankar Paramanick, learned

              Advocates.

                   Learned Advocate appearing for the State submits that the

              revisional application may be disposed of on merit.

                   This revisional application is against the judgment and

              order dated 12.1.2010 whereby the learned Additional District

              and Sessions Judge, Fast Track Court-I, Bongaon, North 24-

              Paraganas acquitted all the nine auccused persons against

              whom charge under Sections 147/148/325/448/354/376/511

              of the Indian Penal Code was framed.

                   According to the prosecution case, complainant Shib Bilash

              Ghosh, brother of one Uma Ghosh received information about

              the attack having been perpetrated upon his elder sister and her

              children and about her hospitalisation on 3.4.1995. On receiving

              that information he met his elder sister in hospital and he knew

              from his niece that the accused persons and others came to the

              house of the injured and assaulted her mercilessly. After

              returning from hospital, she lodged First Information Report and
                         2




the case was registered as Gopalnagar Police Station Case No.43

dated 3.4.1995 under Sections 147/148/325/448/427 of the

Indian Penal Code. After assuming investigation, I.O. on its

completion,   submitted     charge    sheet    under     Sections

147/148/325/448

/427/354/376/511/307/379 of the Indian

Penal Code.

After hearing both the sides, learned Additional District and

Sessions Judge, Fast Track Court-I, Bongaon framed charge

under Sections 147/148/325/448/354/376/511 of the Indian

Penal Code. On behalf of the prosecution, nine witnesses were

examined and documents were marked as exhibits 1 to 3. On

careful perusal of the evidence of the witnesses, the learned

Judge acquitted all the accused persons due to insufficient

evidence and uncorroborated by any medical evidence.

After going through the entire evidence and written

complaint, I find though the injured were hospitalised but that

was not substantiated by any medical paper and most of the

witnesses declared hostile. The reasons given in the judgment

cannot be overlooked in coming to the conclusion in favour of

acquittal.

Considering all the facts and circumstances of the case, I

do not find any reason to interfere with the judgment as I do not

find any illegality or irregularity in the judgment passed by the

learned Additional District and Sessions Judge, Fast Track

Court, Bongaon. This being so, the instant revisional application

stands dismissed.

Copy of the order along with the lower court records be sent

to the court of learned Additional Sessions Judge, Fast Track

Court-I, Bangaon, 24-Paraganas (North).

(Bibhas Ranjan De, J.)