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Sankar Prasad Guha @ Sankar Guha vs State Of West Bengal & Anr on 9 April, 2019

1

09.04.2019

Sl. No.4
Ct-42
BM
CRR 227 of 2004

Sankar Prasad Guha @ Sankar Guha
Vs.

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
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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. )

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