(1.) These two revisional applications are directed Against the order of Shri D. Majumder, Subdivisional Magistrate, Kalna, dated October 30, 1958, directing the police to submit a charge-sheet against the accused Petitioners under Sections 147, 304/ 149 and 201, I.P.C.
(2.) The facts of the case are briefly as follows:
On May 28, 1958, one Naran Chandra Dutta of Dhatrigram refugee Camp lodged a first information report at Kalna Police station alleging that at 4-30 p.m. a goat belonging to an inmate the camp was grazing in the field, west of the camp but villagers of Belkuli village drove away the goat; and when the owner of the goat tried to catch hold of the goat, some villagers armed with bows and arrows chased the owner w(sic) returned to the camp and again went back to the field with 6 7 other refugees; but then the villagers gathered in large number and shot arrows towards the refugees, and one of the refugees, Matilal Bala was fatally wounded with an arrow. The police started investigation after recording the first information. report under Sections 147 and 304, I.P.C. but ultimately the police submitted a charge-sheet before Shri D. Dajumder, Sub-divisional Magistrate, Kalna, against 6 persons, namely, Sujan Nandi, Hrishikesh Ghosh, Nalini Mohan Ghose, Rasku Soren, Sambhu Chandra Ghose, Kamalakanta Roy alias Biswas (Petitioners Nos. 1 to 6 in Revision Case No. 921 of 1959) under Section 147, only stating that the charge under Section 304, I.P.C, was not established by satisfactory evidence against any person. There after the widow of the deceased Matilal Bala filed a narazi petition before the learned Magistrate. The learned Magistrate on receiving the charge-sheet and the narazi petition passed an order on October 4, 1958, holding over the charge-sheet and calling for the police case diary. On October 30, 1958, he passed the order that he had perused the case diary and that there was evidence against some of the accused under Sections 304/ 149 and 201, I.P.C, and that the Investigating Officer should not pre-judge the case and that the case should go to the Judge and the Jury for adjudication. With the above observation the learned Magistrate directed submission of charge-sheet under Sections 304/ 149, 201 and 147, I.P.C He did not, however, mention against whom the charge-sheet was to be submitted in addition to the 6 persons against whom the police had already submitted a charge-sheet. He left this to be decided by the Investigating Officer on the basis of evidence recorded by such Officer. There after the Investigating Officer on November 11, 1958 submitted supplementary charge-sheet against 12 accused including that 6 accused already sent up. This charge-sheet was submitted under Sections 147, 148, 304 and 149; I.P.C against accused NOP. 1 to 10, under Section 147, I.P.C, only against accused No. Rabindra Nath Chakraborty, who is the sole Petitioner Revision Case No. 898 of 1959 and under Section 201, I.P.C, ag. accused No. 12, Umapada Bhattacharjee.
(3.) It is against the order of the learned Magistrate, date October 30, 1958, that these revisional applications have filed. Rabindra Nath Chakrabarty alone has filed Revision Case No. 898 of 1959, and the remaining 11 accused have the other Revision Case No. 921 of 1959.;