Jaharal Tudu v. State Of West Bengal And ORS

D/L1 04.10.2024 Bpg.

C.R.A.536 of 2019 Jaharlal Tudu

Versus

The State of West Bengal and another Mr. Kaushik Gupta Mr. Arijit Bhusan Bagchi.

...for the appellant.

Ms. Faria Hossain Ms. Baisali Basu.

...for the State.

Mr. Pawan Kumar Gupta Mr. Sougata Mitra Ms. Sofia Nesar Mr. Santanu Sett Ms. Soma Chakraborty Mr. Nikhil Gupta Mr. Subhadeep Maitra.

...for the private respondent no.2 Pursuant to the earlier order passed by this Court on 17.09.2024, a report has been submitted by Inspector of Police/Officer-in-Charge of Bandwan Police Station wherefrom it reflects that the accused/respondent no.2, Kamal Chakraborty has expired. To that effect, the treatment-sheet of Tata Main Hospital has been enclosed. Let the report be kept with the record. The present appeal is against an order of acquittal in respect of alleged offence under Sections 3(1)(f) and 3(1)(g) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Having considered that the accused in the appeal who

happens to be the respondent no.2 and the ultimate object of the appeal being that the appellant has approached this Court against an order of acquittal and as a consequence of changed circumstances, the further continuation of appeal and its purposes have become infructuous.

Accordingly, Criminal Appeal No.536 of 2019 is disposed of with the aforesaid observations.

Pending connected application, if any, is consequently disposed of.

Department is directed to send back the trial courts records along with a copy of the order to the respective trial courts. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be given to the respective parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)