MOHAN M.SHANTANAGOUDAR,J. - (1.) The instant appeal arises out of the judgment and order dated 30th June, 2004 passed in C.R.R. No. 765 of 2002 by the High Court of Judicature at Calcutta confirming the judgment of acquittal passed by the Sessions Judge at Burdwan dated 15th December, 2001 in Sessions Case No. 91/1998 (Sessions Trial No. 10(7)/2000).
(2.) 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. On the next day, i.e. on 31.05.1993, at about 8:30 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 around 1:30 p.m., Bhanu Hathi, Kachi Hathi and Bhaluk Hathi (accused no.56/respondent no.57 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. 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. In the assault on IPF members, five persons expired and 24 persons were seriously injured.
(3.) The first information came to be lodged by Menoka Malik (PW1/appellant no.1 herein) before Memari Police Station, Burdwan District, which came to be registered in Case No. 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.;