Chandrachud, J. - (1.) This appeal by special leave is directed against a judgment of the High Court of Calcutta quashing an order of commitment made by the Magistrate, 1st Class, Sealdah. The appeal raises a question as to the scope and interpretation of Section 207-A, Criminal P. C., 1898.
(2.) It would appear that on the Doljatra day which fell on March 14, 1968 communal riots broke out in Calcutta in the wake of the Holi festival. At about 2-30 p. m. on that day two boys, Sital Chandra Prodhan and Rabin Karmarkar, were passing along the Kashai Bustee. They strayed into the Narkeldange North Road locality while sprinkling colours. At about 5 or 5-30 p. m. they are alleged to have been surrounded by 50 or 60 men, 10 or 12 out of which assaulted them with fists, iron rods and bricks. Rabin Karmarkar is said to have been dragged along Narkeldange North Road. His dead body was found floating in the Circular Canal on March 20, 1968. Sital Prodhan was carried inside the Kashai Bustee and was robbed of his wrist watch, a ring and some money. Miraculously, he managed to run away and kept himself in hiding for a couple of hours. At about 7-30 p. m. he went to the Manicktola Police Station which sent him to the Emergency Ward of the Calcutta Medical College. His statement, it is said, was recorded at the Hospital by a police officer of the Beliaghata Police Station at about 1-30 a. m. on March 15. Another statement was later recorded on March 17 and it was treated as the First Information Report in the case.
(3.) The respondents, 10 in all, were arrested on June 5, 1968 for their alleged complicity in the incident of March 14. Three identification parades were held on June 28, June 29 and October 8, 1968. Two of the respondents were identified in the first parade, six in the second and two in the third.;