JUDGEMENT
Tirthankar Ghosh, J. -
(1.)The revisional application has been preferred against the judgment and order of acquittal dated 26.02.2003 passed by the learned Additional District and Sessions Judge, 3rdCourt, Suri, Birbhum in Sessions Case No.47/2001, corresponding to Sessions Trial No.4 of July, 2002,wherein charge was framed under Sec. 302/34 of the Indian Penal Code against the accused/opposite parties.
(2.)The prosecution case in short, is that the de-facto complainant Sk. Abdul Sattar and his brother Abdul Alim along with their family members have been residing at ChhotoKustikuri village within P.S. Suri for a considerable period of time and their sister who was a widow namely,UmmeSalema alias DoliBibi also stayed with them. The dispute arose almost three years before the incident whenDoliBibi took a loan of Rs.5,000.00 (five thousand)from the accused person by mortgaging her 15 cottahs of land at SiasalaMouza. DoliBibi returned the amount of Rs.5,000.00 (five thousand) which she had taken but the accused persons did not release either the title deed or delivered possession of the land in favour of DoliBibi. On or about 9.01.2001 at about 7.30/8.00 a.m. when the de-facto complainant was going towards his land situated on the eastern field of ChhotoKustikuri village and his brother Abdul Alim was following him in a bicycle along with his stationery articles, at the time when they reached near the house of the accused persons, the accused persons being armed with sword and tangi attacked his brother Abdul Alim.
(3.)It was alleged thatNazirHossain caused grievous hurt with a sword on the left shoulder of the deceased Abdul Alim whileMaksedcaused grievous hurt with a tangi of the various parts of the body of the deceased. After sustaining severe injury the victim fell down on the road in front of the house of the accused persons and died. As the de-facto complainant deposed that he was afraid of the attack and manner ofassault being inflictedupon the victim, he could not assist or come to rescue of his brother out of fear. The accused persons fled away from the spot immediately after the victim succumbed to his injury. The de-facto complainant lodged a written complaint before the officer-in-charge, Suri Police Station,after which he reached the place of occurrence along with force and consequentlySuri P.S. Case No.5/2001 dated 9.01.2001 under Sec. 302/34 of the Indian Penal Code was registered for investigation.
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