Manoj Kumar Mukherjee, J. - (1.) The two accused opposite parties were placed on trial before the learned Assistant Sessions Judge, 9th Court, Alipore to answer a charge under Section 307 read with Section 34 of the Indian Penal Code. The prosecution allegation was that on June 9, 1978 they, along with 3/4 others, in furtherance of their common intention, caused grievous hurt to Shyamacharan Pandey, Security Officer of the Empire Jute Mill, Tilagarh with such intention and under such circumstances that if by that tot they had caused his death, they would have been guilty of murder.
(2.) The accused persons pleaded not guilty to the charges and their defence was that they were illegally retrenched by the Mill and were not king paid subsistence allowance inspite of directive of the State Government, the Government ordered reinstatement of the retrenched employees of the Mill but the Management was not complying with the said order for which they (the accused persons), as the leaders of the Union, were championing their cause, and this enraged the Management for which they were falsely implicated in the case.
(3.) In support of its cats, the prosecution examined eleven witnesses and the defence none. On consideration of the evidence adduced by the prosecution, the learned Judge held that it failed to bring home the charge beyond all reasonable doubts and acquitted the accused persons. Aggrieved thereby the petitioner, who is the de facto complainant, moved this Court sod obtained the present Rule.;