- (1.) This revisional application is directed against an order of acquittal dated 30th May 2003 passed by the learned Additional District & Sessions Judge, Fast Track 1st Court, Midnapore, in Sessions Trial No.XXI of September 1995 ( State vs. Bishnupada Samanta & 14 Ors.) by which all the fifteen accused persons were acquitted of charges under sections 148,149 and 302 of the Indian Penal Code.
(2.) The case of the prosecution briefly stated is that the accused persons accompanied by others led by the accused Mantu Metia sought to raise an embankment through the land belonging to Ananta. Rampada, son of Ananta, and his near relations tried to resist the intrusion whereupon the accused Mantu Metia led an attack, as a result whereof Rampada died and several others were injured. The incident took place on 24th June 1989 at about 10 hrs. in the morning. First information report was lodged at 12.35 hrs. on 24th June 1989 which translated in English would read as follows:- "Officer-In-Charge, Sabang Police Station, Sir, I, Sri Madhusudan Maity, son of Sri Gobinda Prasad Maity, resident of Katichaki village within Anchal No.3 in the territory of Sabang Police Station, beg to state that this day the 24th June 1989, Saturday, around 10 a.m. the following persons led by Sri Mantu Charan Matia, son of Kenaram of village Katichaki, Darda and Sri Mazhiram Murmu, son of late Ram, resident of Barkamal, armed with weapons, arrived at the land of my uncle, Shri Ananta Maity for the purpose of constructing an embankment forcibly. When my brother Rampada Maity son of Ananta, my father Gobinda Prosad Maity, another uncle Khudiram Maity and I tried to resist them Shri Mantu Matia directed his supporters to commence the assault. Shri Sindhu Samanta, son of Bhuban, resident of Darda, Katichaki and Mazhiram Murmu continued to throw arrows as a result whereof my brother Rampada Maity had an arrow struck in his throat and has been sent for hospitalisation in a very serious condition. My father, my uncle and I have been injured by strokes of lathi. My house has been surrounded by the aforesaid cadres of CPI(M). They are threatening to cut us into pieces and to burn down our household if the matter is reported to the police. I therefore request you, Sir, to do me justice after proper investigation. Be it also noted that the aforesaid persons assaulted all of us including my brother with the intention of killing us. Bhuban Samanta chased us with his gun in hand. We have picked up some of the arrows. Name of the accused:- 1) Sri Mantu Charan Matiya son of Kenaram of village ... .... 2) Sri Mazhiram Murmu son of late Ram .... 3) Sri Sindhu Samanta son of Bhuban ... ..... 4) Sri Niranjan Rana son of Kishori ..... 5) Sri Shyamcharan Samanta son of Haripada ... ... 6) Sri Hemanta Santara son of late Bihari ... .... 7) Sri Gourhari Das son of late Haripada 8) Sri Bishnupada Samanta son of late Bhuvan ... 9) Sri Rampada Das son of Khudiram ..... 10)Sri Mriyunjoy Patra son of Chintamani 11)Sri Monoranjan Das son of Harekrishin 12)Sri Bhuban Samanta son of Durgapada ... ... 13)Sri Bijoy Patra son of Pulin ..... 14)Sri Rampada Ghorai son of kanta ... ..... 15)Sri Gour Samanta son of Bhuban ... ..... And many others Humble petition of 24.6.89 Sd. Madhu Sudan Maity"
(3.) The learned Trial Court in passing the order of acquittal held that "certainly the deceased Rampada Maity died as result of injuries caused in the circumstances, but who caused such mischief and so of throwing of arrow is not clear and there have been different versions and none is so much strong and reliable.";