CRR 227 of 2004
Sankar Prasad Guha @ Sankar Guha
State of West Bengal Anr.
None appears on behalf of the parties. No accommodation is also sought
for. Accordingly, the revisional application is disposed of on merit.
This revisional application has been preferred challenging the judgement
and order dated 13.11.2003 passed by the learned Sessions Judge, 1st Fast Track
Court, Midnapore in Session Trial Case No.15 of December, 1998, wherein the
learned trial court was pleased to acquit all the accused persons from the
charges under Sections 498A/34 of the Indian Penal Code and under Sections
306/34 of the Indian Penal Code.
The present application is a revisional application as distinct from an
appeal and as such this Court would interfere only when there is a manifest error
apparent on the face of the record or an order of acquittal which runs grossly
against the materials on record.
The learned trial court while analyzing the evidence of the prosecution
witnesses categorically held that there is no factum of torture alleged in the FIR
or in the evidence deposed before the Court. According to the learned trial court
also the story of taking loan cropped up almost after one year eight months of
marriage so according to trial court the deceased lead a happy married life till
May, 1994. Further reason which appealled to the learned trial court is to the
effect that in the enclosed report a story has cropped up regarding an illicit
connection between the deceased and her maternal uncle. Further reasons
assigned by the trial court relates to delay in lodging FIR and non-supporting of
the prosecution version by the independent witness.
I find that the reasons so assigned by the learned trial court are passed on
factual foundation and the petitioner has not been able to make out any case
which shows that there is manifest error on the face of the record.
Accordingly, the judgement and order of acquittal passed by the learned
trial court do not call for any interference and as such the revisional application
being CRR 227 of 2004 is dismissed without any order as to costs.
Department is directed to sent down the entire Lower Court Records to the
learned court below immediately.
( Tirthankar Ghosh, J. )