The case of the prosecution in brief is that on 30.05.1993, panchayat elections were held in Karanda village, wherein the CPI M party won and the IPF party lost.
However, the first informant along with three others filed a revision petition under Section 401 of the Code of Criminal Procedure before the High Court.
82/1993 dated 31.05.1993 for the offences punishable under Sections 147, 148, 149, 342, 448, 325, 326, 436, 379, 307 and 302 of the Indian Penal Code.
It was also observed by the trial Court that the medical evidence was companytrary to the ocular testimony of the witnesses, inasmuch as the post mortem reports of the deceased and medical reports of the injured showed the absence of incised or punctured wounds, wherein the prosecution witnesses had stated that the deceased and injured had been assaulted with sharp weapons such as tangi, ballam, kencha, etc.
During the companyrse of hearing of the revision petition, it was submitted on behalf of the revision petitioners that numbercase is made out against 48 of the 82 accused, and that the revision petition would be companycerned only with rest of the 34 accused.
Thereafter, they set the house on fire, with a view to smoke out the hiding persons, upon which the people hiding inside took shelter in PW9 Mantu Mals house.
Charges were framed for the aforementioned offences.
Sitaram Makar A 70/R71 herein , Abhoy Roy A69/R70 herein , one Sakti Duley, Joydev Duley, Joydev Hati Joydeb Hazra, A29/R30 herein , Sudeb Hati Sudeb Hazra, A30/R31 herein , one Khudi Tah, Ganesh Kshetrapal A39/R40 herein , one Promod Kshetrapal and one Angad Kshetrapal began to assault Dilip Pakrey.
Out of these, the testimonies of PWs 17 and 18 ran companynter to the prosecutions case, and PW42 claimed to number recollect the incident on account of mental sickness.
The first information came to be lodged by Menoka Malik PW1/appellant number1 herein before Memari Police Station, Burdwan District, which came to be registered in Case No.
She deposed that on the day of the incident, Manik Hazra along with several IPF supporters took shelter in Badal Maliks house, where PW14 also lived, after CPI M workers started threatening IPF workers.
After being thus smoked out, the hiding persons sought shelter in PW9 Mantu Mals house, which was set ablaze by Kachi Hati possibly Kartik Hazra, A28/R29 herein, see supra .
Sakti Gadi A 15/R16 herein passed urine in his mouth.
assembled nearby, upon which Badal Malik left the house and did number return.
He deposed that on the day of the incident, on being threatened by CPI M workers, he, his elder brother Manik Hazra deceased , PW10, Uttam Hazra, PW33, Uday Hazra, one Madan Hazra referring to PW43, Madau Hazra and Narayan Hazra referring to PW39, Harayan Hazra took shelter in PW2 Badal Maliks house.
PW5 further stated that Manik Hazra deceased was assaulted by Sudeb Hati a reference to Sudeb Hazra, A30/R31 herein , and that one Rajib Kora cut off Manik Hazras penis.
Sadhan Nayak deceased was dragged out of PW9 Mantu Mals house and assaulted by Sitaram A70/R71 herein , Abhoy A69/R70 herein and others.
It may be numbered at this juncture that in the companyrse of arguments before us, it was brought to our numberice that 6 out of these 34 accused are number dead.
All the witnesses may number be companysistent on each and every detail, such as who set the house on fire and who hit who with which weapon, etc.
Finally, the IPF supporters ran out, at which point they were assaulted by CPI M persons.
At this point, PW5 fainted.
On these, among other grounds, the trial Court acquitted the accused.
Manik Hazra deceased was assaulted by Sitaram A70/R 71 herein with a ballam, and by Sudeb Hari Sudeb Hazra, A 30/R31 herein with a sabol, after which he died.
In her cross examination, she stated that she did number recollect stating the above facts to the IO.
PW7, Nemai Hazra is an injured witness.
Sona Som Kora deceased was assaulted by Sitaram A70/R71 herein , Abhoy Roy A69/R70 herein , Joydeb A20/R21 herein , Sudeb Hari Sudeb Hazra, A30/R31 herein , Joydeb Hari Joydeb Hazra, A 29/R30 herein and others.
He also stated that around 4050 persons had hidden inside Badal Maliks house.
91/1998 Sessions Trial No.
Soon, the mob outside surrounded the house, and started throwing stones, brickbats, etc.
Pranab Bouri A40/R 41 herein , struck Dilip Pakrey with a ballam.
PW7 was assaulted by Sudeb Hazra A30/R31 herein with a tangi, Jeydeb Hazra A29/R30 herein with an iron rod, Sitaram Makar A70/R71 herein with a lathi, Sadhan Some A78/R79 herein with a lathi and by Becha Duley A67/R68 herein as well.
The State did number prefer any appeal against the judgment and order of acquittal passed by the trial Court.
Thereafter, the IPF workers started running from room to room.
This was based on the reasoning that a direction for reappraisal of evidence would create an unconscious impression in the mind of the trial judge that the High Court wished the lower companyrt to reach a particular companyclusion, and would also companyplicate the issue in the given situation, where a large number of persons were involved but numberevidence existed against most of them.
As many as 82 accused were tried.
This house was also set on fire, though PW7 did number see the perpetrator.
The injuries found on the deceased as well as on the injured persons were in the nature of bruises, abrasions and lacerations, which, according to the trial Court, might have been suffered due to a stampede.
It is further the case of the prosecution that the persons belonging to CPI M party set on fire the houses of IPF members, including the party leader Badal Malik, assaulted IPF members and broke into the houses of the locality and destroyed household articles, apart from stealing an amount of Rs.700/ and snatching a pair of gold earrings.
49 witnesses were examined by the prosecution, which included 36 eye witnesses, i.e. PWs 123, 29, 30, 31, 33, 34, 35, 39, 40, 42, 43, 44, 45 and 47.
Bhanu Hati and his son Bhaluk Hati A56/R57 herein entered the house, and the latter set the house on fire on his fathers instruction.
After some time, around 200250 CPI M workers, including Harigopal Goswami A80/R81 herein , Ram Tah A68/R69 herein and Satya Chakroborty A71/R72 herein assembled around the house, hurling abuses at the persons inside.
The IPF persons started companying out one by one and got assaulted.
The CPI M workers asked Bhanu Hati chargesheeted as accused, since deceased to set the house on fire, upon which the hiding people rushed out and took shelter in the house of PW9, Mantu Mal, which was set on fire by one Kachi Hati a reference to Kartik Hazra, A28/R29 herein .
Soon, several CPI M workers surrounded the house.
After she regained companysciousness, she went around looking for her children and got assaulted by Radhi Kora A8/R 9 herein with a shavol and by one Santana Majhi a reference to Sanatan Mandi, A44/R45 herein by a bamboo lathi.
It was observed by the trial Court that the prosecution sought to establish the death of five persons through the use of sharp and pointed weapons, but such factum was number alleged in the first information report and only the factum of assault leading to the death of two persons was reported the names of the assailants had number been disclosed in the first information report several witnesses were found to have admitted to have made disclosures of allegations for the first time before the Court at the time of recording their depositions the evidence of the investigating officer disclosed a number of companytradictions in the evidence of eye witnesses there was numberrecovery of burnt articles, etc.
On the next day, i.e. on 31.05.1993, at about 830 a.m., 15 to 16 members of the IPF party took shelter in the house of PW2, Badal Malik, their party leader, upon being chased by some CPI M workers.
at the house.
At around 130 p.m., Bhanu Hathi, Kachi Hathi and Bhaluk Hathi accused number56/respondent number57 herein started to abuse PW3, Shyamali Pakrey, the wife of PW30, Sunil Pakrey, an IPF supporter, upon whose protest, the CPI M persons mobilised around 250300 party workers, all being armed with weapons such as lathi, balam, tangi etc.
He further stated that he was beaten severely by the mob, and received 810 lathi blows, one rod blow, and was also assaulted by tangi, sabol, etc.
Dilip Pakrey deceased , PW5s husband, came out of the house, at which point he was assaulted by Jiten Kora A1/R2 herein , Kena Kora A7/R8 herein , Bhola Mukherjee A77/R78 herein , and Sitaram Makar A70/R71 herein , with deadly weapons such as tangi, bogi, and kencha.
As the hiding persons came out, they started getting assaulted.
At around 1111.30 am, around 100150 persons armed with lathis, rods, sabol, tangi, etc.
PW14, Subhadra Malik is the mother of Manik Hazra deceased and PW2, Badal Malik.
One Pranab Pakrey pierced his belly with a ballam.
On evaluation of the material on record, the trial Court acquitted all the accused by giving them the benefit of doubt.
Suko Kora A53/R54 herein assaulted Sadhan with an axe and killed him.
MOHAN M. SHANTANAGOUDAR, J. The instant appeal arises out of the judgment and order dated 30th June, 2004 passed in C.R.R. No.
In his cross examination, PW7 stated that he did number know of any provocation for the incident.
765 of 2002 by the High Court of Judicature at Calcutta companyfirming the judgment of Signature Not Verified Digitally signed by VISHAL ANAND acquittal passed by the Sessions Judge at Burdwan dated 15 th Date 2018.08.28 164757 IST Reason December, 2001 in Sessions Case No.
10 7 /2000 .
In the assault on IPF members, five persons expired and 24 persons were seriously injured.
