SHIVAKANT PRASAD, J. - (1.) The instant appeal is directed against the judgment and order of acquittal dated 21.04.1995 passed by Mr. Arup Das, Learned Additional Sessions Judge, 1st Court, Burdwan in Sessions Case No. 94 of 1992 arising out of Khandaghosh P.S. Case No.80/90 dated 28.8.90 whereby the accused persons/respondents were acquitted from the charges under section 302/34 of the Indian Penal Code.
(2.) Prosecution case in brief is that the accused persons/respondents herein caught hold of the deceased Ajit Kumar Dawn alias Kachi on 27.08.1990 at 11 PM in front of the house of Ratan Dan and dragged the victim to the house of Hari Sadhan Royand tied him in a khuti (pole) in the night and all the accused persons, namely, Hari Sadhan Roy, Kinkar @ Tinkari Duley @ Roy, Sanatan and Manik who assaulted the deceased mercilessly causing his death and thereafter threw the dead body of the deceased in a pond called "Nutan Pukur".
(3.) On the basis of oral complaint, Khandaghosh P.S. Case No.80/90 was started and on usual investigation, Charge sheet no.11 dated 27.02.1991 under sections 302/34 of the Indian Penal Code was submitted by the investigating officer against the respondents/accused persons to face the trial in open Court.;