- (1.) This is to consider an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the de facto-complainant being aggrieved by the judgment and order dated 29th March, 2000 pronounced by the learned Additional District and Sessions Judge, Second Court, North 24-Parganas at Barasat in Sessions Case No. 2(5) of 1997 Sessions Trial No. 3(9) of 1996 arising out of Basirhat P.S. Case No. 141 dated 7.9.1984 under Section 304/32 of the I.P.C. and Sections 25 (1B) (a)/ 27 of the Arms Act wherein the learned Additional Sessions Judge acquitted the accused under Section 235 of the Criminal Procedure Code.
(2.) The grounds as it appears on perusal of the petition in itself may be stated as follows :- . a) that the investigation in itself was not only vitiated but also improper and contrary to the specific direction of the Writ Court to conduct investigation by the Criminal Investigating Department West Bengal as per order dated 23rd December, 1994 of this Court. b) that the learned Court below failed to appreciate the evidence on record in its proper perspective though the evidences on record in respect of the presence of the accused at the place of occurence, use of pipe gun, recovery of the same thereof at the instance of the statement of the accused, report of the expert's in respect thereof were not taken into account. c) besides the above the learned Court in exercise of his jurisdiction failed to appreciate the confessional statement of the accused and other material evidences on record within the four corners of the record. d) that the impugned order of acquittal dated 29th March, 2000 is otherwise bad-in-law and not sustainable and it be not allowed to continue.
(3.) In course of this revisional application learned Counsel Mr. Moitra has urged that in course of trial 23 persecution witnesses were examined but the Court without appreciating the same in respect of the evidences on record failed to take note of it in its proper perspective causing miscarriage of justice, hence the same has been filed.;