- (1.) The Judgment of the Court was as follows : This revisional application has been preferred under Sections 401 and 482 of the Cr.P.C. praying for setting aside the order dated 24/8/2006 passed by the learned Sessions Judge, Nadia in S.C. 20(8) of 2006.
(2.) Case of the petitioners is that Kalyani P.S. Case No. 34 of 2006 dated 07/2/2006 under Sections 341,326,307,302/34/120B of the Indian Penal Code, Section 25/27 of the Arms Act and Section 9B of I.E. Substance Act was started on the basis of a written complaint filed by one Gouranga Adhikary alleging therein that petitioners and others murdered his son Uttam Adhikary. It was further alleged therein by the defacto complainant that on earlier occasion, in the year 2004, the petitioners and others also murdered his another son Anup Adhikary. The complainant claimed in the FIR that as Uttam refused to withdraw the said case against the petitioners, so he was murdered by them.
(3.) On the basis of the said allegation, investigation was started and ultimately charge-sheet was submitted against 14 accused persons including the petitioners.;