- (1.) The challenge in this revisional application is to the judgment dated 9.3.2006 in Sessions Case No.64 of 2000/Sessions Trial No. 3 of January, 2003 passed by the learned Additional District and Sessions Judge, 3rd Fast Track Court, Bichar Bhawan, Calcutta whereby the opposite party Nos.2, 3 and 4 were found not guilty and acquitted from the charges under Section 302/34 of the I.P.C.
(2.) The petitioner herein is the defacto complainant of the case who initiated criminal action into motion and challenged the legality, validity and propriety of the judgment impugned mainly on the following grounds; a) that the learned Court failed to appreciate the evidence on record specially the evidence of eye witnesses in its true and proper perspective; b) that the learned Court misappropriated the evidence of the P.W.5, i.e., the Doctor who conducted the post mortem report; c) that the learned Court overlooked material evidence and put much stress on irrelevant or less important aspect of the case and recorded the acquittal; and d) that the order of acquittal being otherwise bad in law, is liable to be set aside.
(3.) A short reference to the factual aspect of the case is given below for better appreciation of the matter.;