- (1.) IN the instant criminal revisional application the petitioner sought for quashing of the charge-sheet as well as the supplementary charge-sheet submitted in connection with G. R. Case No. 1026 of 2006 arising out of Baruipur police Station Case No. 50/2004 under Sections 326/307/302/120b/34 of the indian Penal Code now pending before the Learned Additional Chief Judicial magistrate, Baruipur, South 24-Parganas.
(2.) THE Baruipur Police Station Case No. 50/04 under Sections 326/307/302/120b/34 of the Indian Penal Code which subsequently gave rise to G. R. Case No. 1026/2006 now pending before the Learned Additional Chief judicial Magistrate, Baruipur, South 24-Parganas was started on the basis of the allegations which are as follows; 'on March 21, 2004 at about 22. 40 hours while the daughter of the complainant Amina Bibi was engaged in cooking food, at that time the accused abed Ali Gazi @ Ali and his son Maidul Gazi being armed with deadly weapons forcibly entered their house and assaulted the daughter of the complainant as well as her husband. When the daughter of the complainant died on her way to hospital and her husband Samsuddin was admitted at Hospital with serious bleeding injury. It was the further allegations that one Rafique Laskar, a local villager while was trying to resist the miscreants was also assaulted. It was also the allegations that Mr. Rahaman Laskar and his wife Mafuja Bibi are also involved in a criminal conspiracy and with their help the aforesaid incident was occurred. When police after completion of investigation submitted charge-sheet against the three accused persons but so far as the petitioner herein Mafuja Bibi is concerned submitted final report praying for her discharge from the case. Subsequently, by an order dated February 16, 2005 passed by the learned Additional Chief Judicial Magistrate, Baruipur in connection with the above noted case police started further investigation into the matter. However, after completion of further investigation police submitted charge-sheet against the present petitioner and Rahaman Ali Laskar under Sections 326/307/302/120b/34 of the Indian Penal Code. Hence, this criminal revision for quashing of the said supplementary charge-sheet.
(3.) MR. Shataroop Purakayastha, the learned advocate, appearing on behalf of the petitioner submitted that in the instant case police initially examined two witnesses viz. Mofizul Mistry and Asmat Ali Laskar who in their statement recorded under Section 161 of the Code of Criminal Procedure except saying that they heard about the petitioner's involvement in the aforesaid case stated nothing. Similarly, when they were examined during the course of further investigation they repeated the same statement. Mr. Purakayastha further submitted that the said statement of the aforesaid witnesses are clearly hearsay in nature and has no evidentiary value. However, the Learned Court below took cognizance of the said offences on that basis.;