JUDGEMENT
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(1.)Leave granted.
(2.)In this appeal order dated 11/5/2012 passed by the High Court of Calcutta is under challenge. By the impugned order the High Court reversed the trial court's order which had rejected the application filed by the prosecution under Section 311 of the Code of Criminal Procedure, 1973 (for short, 'the code') to recall the Investigating Officer.
(3.)A petty altercation over a tape recorder resulted in a major incident in which bombs were hurled at Rupchand Sk the father of PW8-Nurul Islam. Incident occurred on 13/12/1992. Rupchand Sk suffered grievous injuries. He was taken to a local hospital. From there he was shifted to Berhampore hospital where he breathed his last. On 14/12/1992 a complaint was lodged by the son of deceased Rupchand Sk - PW8-Nurul Islam with Raghunathpur Police Station on the basis of which FIR was registered. In the FIR PW8- Nurul Islam named nine persons. Initially the case was registered under Sections 447, 326 read with Section 34 of the Penal Code and Sections 3 and 4 of the Explosives Substances Act. After the death of Rupchand Sk, Section 304 of the Penal Code was added.
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