JOYMALYA BAGCHI,J. - (1.) THE revisional application is directed against the judgement and order of acquittal dated 21.03.2009 passed by the learned Sessions Judge, Fast Track 2nd Court, Jangipur, Murshidabad in Sessions Serial No. 144/04 (Sessions Trial No. 3(1) 2005).
(2.) THE prosecution case as alleged against the accused persons is to the effect that on 14.05.2003 at about 12 noon one Nairul Sk. (P.W. 7) had quarrelled with one Motha Sk. at Shyampur Ghat. Thereafter around 1 p.m., the accused persons came to the locality of Taimur Haque (P.W. 1), father of Nairul, being armed with bombs; at that time, the victim Safiqul Islam @ Bhola, the eldest son of Taimur Haque, was returning from his matrimonial home situated in the same village; on seeing Safiqul, the accused persons hurled bombs at him; to save his life Safiqul tried to take shelter inside the house of Saifuddin Sk. (P.W. 11); at that time, he was hit by one of the bombs in the back and having suffered severe injuries fell in front of the house of said Saifuddin Sk. and died instantaneously. At the time of occurrence, Taimur and his wife rushed to the spot to save Safiqul and both of them sustained injuries; Raina Bibi (P.W. 5), daughter of Taimur gave telephonic information to Suti Police Station and police arrived at the place of occurrence, held inquest over the body of Safiqul and sent his dead body for post mortem examination. Police received a written complaint from Taimur Haque resulting in the registration of the instant case being Suti P.S. Case No. 69 of 2003 dated 14.05.2003 under Sections 302, 324, 34 of the Indian Penal Code and Section3/4 of the Explosive Substance Act. In conclusion of investigation, charge-sheet was filed against the accused persons under Sections 286, 302, 324, 34 of the Indian Penal Code. The case was committed to the learned Court of the Additional Sessions Judge, Jangipur and thereafter transferred to the Court of the learned Additional Sessions Judge, Fast Track 2nd Court, Jangipur, Murshidabad for trial and disposal. Charges were framed against the accused persons under Sections 286, 324, 302, 34 of the Indian Penal Code. The accused persons pleaded not guilty and claimed to be tried.
(3.) THE prosecution examined as many as 19 witnesses and exhibited number of documents in the course of trial. In conclusion of trial, the trial Judge acquitted the accused persons of all the charges levelled against them. Hence, the instant revisional application at the behest of the petitioner/defacto complainant. It appears that in the instant case the prosecution has primarily relied on evidence of Taimur Haque (P.W. 1), Surjahan Bibi (P.W. 2) Raina Bibi (P.W. 5), sister of Safiqul, deceased, Raina Bibi (P.W.6), wife of Safiqul, deceased, Nairul Sk (P.W. 7) and Rakibul Sk. (P.W. 16) who claim to be eye witnesses of the case.;