- (1.) This appeal is directed against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Jangipur, District- Murshidabad, in S.T. No.1 (3) 06 arising out of S.Sl. No.160/05 dated May 31, 2010. By virtue of the impugned judgment the learned Trial Court held that the prosecution failed to bring home the charge levelled against the respondent nos.2 to 13 under Sections 302/307/34 of Indian Penal Code, 1973 (hereinafter referred to as I.P.C.) beyond reasonable doubt. The respondent nos.2 to 13 (accused persons) were held not guilty of offence punishable under Sections 302/307/34 I.P.C.
(2.) The backdrop of this appeal, in a nutshell, is as under:- On February 28, 2005 at about 17.10 hours one Fultusi Ray, wife of Shankar Ray, since deceased, submitted a letter of complaint to the Officerin-Charge Suti Police Station, Augrangabad, Murshidabad. According to the above letter of complaint, at about 14.00 hours on that date Prasenjit Ray, son of her "bhasur" aged about 14 years, Gokul Sarkar, son of late Dilip Sarkar, involved themselves in quarrel while playing with marbles. As a consequence of the above quarrel the respondent nos.2 to 13 surrounded her husband Shankar Ray, since deceased. Bipul Ray (respondent no.2) hurled bombs on the husband of the appellant. As a result of such injury, the husband of the appellant died at the place of occurrence. Sri Manik Roy, her brother-in-law (PW 2), Smt. Bhagyabati Roy, her sister-in-law (PW 3) and Sujit Ray, son of her brother-in-law (PW 4), Lilim Ray, and Bhabani Roy, wife of Tripati Ray also sustained minor injuries at the place of occurrence. The respondent nos.2 to 13 fled away after the death of her husband.
(3.) On receipt of the above complaint, Suti Police Station, Murshidabad made General Diary Entry no.985 on February 28, 2005 at 17.10 hours. Then in the above Police Station Suti P.S. FIR No. 27/05 dated February 28, 2005 was lodged against the respondent nos.2 to 13 alleging the commission of offence by them under Sections 302/326/34 of I.P.C. and Section 9 (B) (II) of the Indian Explosive Act (hereinafter referred to as I.E. Act) on that date. Sub-Inspector Sudhanshu Sekhar Mondal (PW 12), was appointed for investigation of the above case. The surathal of the dead body of deceased Shankar Ray was conducted by the PW 12 on the above date and surathal report was prepared in respect of the dead body of aforesaid deceased Shankar Ray. According to the above report, the shape of the face could not be recognised and brain materials came out and injuries caused by bomb was seen on the left elbow and right hand. A rough sketch map with index of the place of occurrence was drawn by the Investigating Officer on the same date. According to the rough sketch map, the place of occurrence was Kameha Road, village-Bamuha, District-Murshidabad near house of one Shambhu Ray on one side and that of another Kripasindu Sarkar on the other side. Thereafter, the above dead body was forwarded to Jangipur S.D. Hospital, District-Murshidabad, on March 1, 2005 at 12.30 hours for post mortem examination. Dr. Samir Kanta Datta, Medical Officer of the above hospital, conducted post mortem examination. Post mortem report of the above dead body bearing no.43 dated March 1, 2005 was prepared by him. According to the above report, the scalp of the deceased was fractured, interior part of the scalp along with whole brain matter fractured, all bones of face were fractured and chest hair were found burnt. Doctor opined further that the death of the deceased was homicidal in nature. Charge-sheet no.75 dated June 10, 2005, was filed against the respondent nos.2 to 13 for commission of offence punishable under Sections 302/326/34 of I.P.C. and Section 9 (B) (II) of the I.E. Act. Charge was framed under two heads against the above respondents on March 9, 2006.;