TIRTHANKAR GHOSH, J. - (1.) The revisional application has been preferred by the petitioner against the judgement and order dated 18.11.2008 passed by the learned Additional Sessions Judge, Coochbehar in Sessions Case No. 191 of 2002 (arising out of Ghoksadanga P.S. Case No. 1 dated 24.05.1987) wherein the learned court was pleased to hold the accused persons guilty only under sections 149 and 323 of the Indian Penal Code and inflicted a fine of Rs. 1000/- upon each of them. By the same judgement and order the learned Court was pleased to acquit the accused persons under sections 324 and 304(1) of the Indian Penal Code.
(2.) I have perused the judgement dated 18.11.2008 passed by the learned Trial Judge and without going into the further details, I am of the opinion that the following observations require for consideration as the same is against the basic tenets of law.
(3.) The observations are; "Thus, taking the evidence of all the P.W.s as a whole, I find Kartik Sarkar, Ananda Sarkar, Narayan Sarkar, Bimal Biswas, Biren Mandal, Ballav Biswas, Dinesh Roy and Khagen that means accused No. 1,2,3,4,5,7,8 and accused No. 9 committed the offence of assault u/s 323 I.P.C. and 149 I.P.C. As the medical documents are on record but not duly proved I can not convict the accused persons u/s-324 or 304(I) I.P.C." ;