JUDGEMENT
Tirthankar Ghosh, J. -
(1.)The revisional application has been preferred against the judgment and order dated 23rd December, 2005 passed by the Ld. Additional Sessions Judge, Ist Court, Bankura in Sessions Trial No. 2(7) of 2003 corresponding to Sessions Case No. 35(9) of 2002 under Section 306 of the Indian Penal Code (hereinafter referred to as IPC) read with Sections 25/27 of the Arms Act, wherein the learned Court was pleased to acquit the accused person from the charges levelled against him.
(2.)The prosecution case in short is that, one Subrata Mukherjee addressed a written complaint to the Officer-in-Charge, Saltora Police Station on 21st April, 1999 contending that at about 11 pm in the night one Tapan Majhi (accused) entered into the house of one Bipan Mukherjee, when Tapan Mukherjee and others shouted chor chor and hearing such hue and cry, the defacto complainant came out from his house and caught hold of Tapan Majhi. On search of the accused one improvised pipe gun and one cartridge was recovered from the possession of Tapan Majhi. However, the accused person escaped and fled away. The matter was thereafter reported to the elder brother of the defacto complainant and as such a written complaint was addressed to the local police station, pursuant to which Saltora Police Station Case No. 19/99 dated 22nd April, 1999 under Section 448 of the IPC and Sections 25/27 of the Arms Act was registered for investigation against the accused person.
(3.)In course of investigation a prayer was advanced by the Investigation Agency for adding Section 306 of IPC and the Ld. Magistrate was pleased to allow such prayer and accordingly investigation of the case was also carried out under the said section. On completion of investigation, the Investigation Officer of the case submitted chargesheet under Sections 448/306 of IPC and Sections 25/27 of the Arms Act.
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