- (1.) The challenge in this revisional application is to the judgment dated 27.4.2005 passed by the learned Additional Sessions Judge, fast Track Court No.1, Uluberia, Howrah in Sessions Trial No.59 of 2004 arising out of Shyampur Police Station Case No.73 of 2003 dated 5.10.2003 whereby acquitting the opposite party No.2, Ratan Sas Mondal from the charges under Section 498A and 304B of the Indian Penal Code.
(2.) Dinesh Khamrui, the elder brother of deceased Shila Khamrui has challenged the legality, validity and propriety of the judgment impugned mainly on the following grounds; (a) that the learned Trial Court failed to appreciate the conduct of the opposite party No.2 who vanished in his way back after giving an information about the death to the defacto complainant; b) that the learned Trial Court failed to appreciate that the circumstances, such as, recovery of blood stained wearing apparels and recovery of offending weapon on the basis of statement of the opposite party no.2 together with other circumstances, such as, death of Shila Khamrui was of unnatural in nature; c) that the learned Trial Court overlooked the material and relevant evidence while recording acquittal of the opposite party no.2.
(3.) Succinctly, the prosecution case in the learned Trial Court is that the marriage between Shila Khamrui and Ratan Sas Mondal (hereinafter referred to as opposite party) took place on 20th Sravan 1409 B.S. On 4.10.2003 at night the dead body of Shila Sas Mondal was found at Khalpar of village Radhanagar having severe cut injury on her neck. On 5.10.2003 at about 00.15 hours, two brothers of the opposite party and others communicated that news to the defacto complainant and others. The brothers of the opposite party disappeared on their way back to the spot after communicating the information to the defacto complainant and others. It was the case of the prosecution that Shila Khamrui was pressurised by the opposite party to bring money from her paternal house so that the opposite party could purchase a traker. She was also threatened with dire consequence for her failure to procure that money. 10 days prior to her death, Shila Khamrui came to her paternal house and requested the defacto complainant and others to pay the money. Dinesh Khamrui lodged the F.I.R. stating the above mentioned facts on the basis of which Shyampur Police Station Case No.73 of 2003 dated 5.10.2003 was started and the investigation ended in a charge sheet under Section 498A/304B of the Indian Penal Code. The learned Trial Court, however, framed charge against the opposite party under Section 498A/304B as well as under Section 302 of the Indian Penal Code to which he pleaded not guilty and claimed to be tried. Accordingly, the trial commenced. Upon consideration from the evidence on record, oral and documentary, the learned Court found that the prosecution failed to bring home the charges levelled against the opposite party and accordingly, recorded his acquittal. The defacto complainant has come up with this application challenging the legality, validity and propriety of the order on the ground mentioned here in above. The points to be decided in this revisional application are: (a) whether the judgment under challenge is sustainable in law and b) whether this Court set aside the order impugned by exercising its revisional jurisdiction.;