TARUN KUMAR GUPTA,J. - (1.) This is an appeal under Section 378(4) of the Code of Criminal Procedure, 1973 against an order of acquittal filed by the defacto complainant after obtaining necessary leave under Section 378 (3) of the Code from this Court vide order dated 10th of December, 2013 passed in CRM SPL No.69 of 2013.
(2.) THE appellant being the informant filed a written complaint to O. C. Kulti P. S. alleging that since her marriage with accused Moloy Ganguly she was subjected to cruelty and torture by her husband and other in -laws. It was further alleged that her husband Moloy Ganguly had an illicit relation with her 'Boudi' Smt. Sarmistha Ganguly and that the informant was also tortured by Moloy and his other relations as she protested against said illicit relation. Petitioner had a minor son named Debarchan through her husband Moloy. As said son became aware of the illicit relation and raised objections he was murdered by the accused persons namely Moloy Ganguly, his two brothers namely Aloke Ganguly and Tapan Ganguly, Aloke's wife Sarmistha Ganguly and their cook Sahadeb Sekhar Pal @ Babu in the early morning of 21st July, 2000 and drowned him in a nearby well to show that it was a case of drowning. On the basis of said complaint Kulti P.S. Case No.157 of 2000 dated 1st of September, 2000 was initiated against all five F.I.R. named persons under Section 498A/302/201 I.P.C. After investigation police submitted charge sheet under Section 498A/302/201 I. P. C. against said five accused persons who also faced trial under those provisions of law in the court of learned District and Sessions Judge, Fast Track Court, 1st Court, Asansole in Sessions Trial No.50 of 2006 (S.C. No.40 of 2004). In said case the defence took the plea that there was no question of murdering the minor boy by his father and his relations and that it was an accidental death of the victim by drowning in the nearby well and that the informant lodged a false complaint after a delay of about 47 days just to harass the accused persons. After contested hearing learned trial court acquitted all the accused persons from all the charges by the order impugned dated 19th of August, 20013.
(3.) BEING aggrieved with said order of acquittal the informant has filed this appeal.;