JUDGEMENT
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(1.)This petition in a revisional attire proffers unique features of impeachment of the investigation of a sensational episode of assassination of a reputed journalist of the State who fell to multiple bullet injuries in the process of consorting his minor son back home from his school one fateful afternoon. The recorded challenge laid by the brother of the deceased though is against the verdict of acquittal of the respondent No. 3 indicted in Sessions Case No. 136(K)/03 vide judgment and order dated 28.7.2009 rendered by the learned Sessions Judge, Kamrup District, Guwahati, assiduous insistence for further investigation as the singular relief permeated the long drawn assertions on his behalf to espouse, as perceived, an uncompromising societal cause. While the investigating agency, the Central Bureau of Investigation (for short, hereinafter referred to as 'the CBI') and the State of Assam have endorsed the investigative pursuit, the maintainability of the petition in the present form and the tenability of the challenge in general have been sought to be vociferously assailed on behalf of the respondent No. 3.
(2.)We have heard Mr. A.K. Bhattacharyya, Senior Advocate assisted by Mr. K.K. Bhattacharyya, Advocate for the petitioner; Mr. A.C. Buragohain, learned Standing Counsel, CBI and Mr. Z. Kamar, learned Public Prosecutor, Assam for respondent Nos. 1 and 2 respectively. We have heard as well Mr. Chetan Sharma, Senior Advocate assisted by Mr. M. Vashisht, Mr. S. Vashisht and Mr. J. Roy, Advocates for the respondent No. 3.
(3.)The genesis of the prosecution case is traceable to the gory incident of 17.5.96 at about 2.45 p.m. in which Parag Kumar Das, the then Executive Editor of the Assamese daily "Asomiya Pratidin" was shot at near Rajgarh Road, Railway Gate in Guwahati in the State of Assam. The occurrence took place in front of the Asom Jatiya Vidyalaya at Rajgarh, Guwahati under Chandmari Police Station when the victim had gone to the school to escort back home his son Master Rohan Das @ Rishi (then aged about 8 years), a student of Class V of the institution. The injured on being rushed to the Gauhati Medical College & Hospital immediately thereafter, was declared to have been brought dead. In the incident not only the deceased received multiple bullet injuries, his son was hit as well by a bullet in his right hand.