GIRISH CHANDRA GUPTA, J. - (1.) This revisional application is directed against a judgment and order of acquittal dated 26th June 2009 passed in Sessions Trial Case No.18 of 2008 of and 19 of 2008 corresponding to Sessions Case No.19 of 2007 ( State vs. Kalipada Mahato & 17 Ors.) under sections 148/302/436/307 of the Indian Penal Code read with section 149 thereof.
(2.) Briefly stated the facts and circumstances of the case are as follows:- In the evening of 24th August 1986 the activists of Jharkhand Mukti Morcha held a meeting in the house of Bharat Tudu of village Jamunabadh in order to discuss matters connected with ensuing election to the State Assembly. The participants stayed overnight in the house of the aforesaid Bharat Tudu. In the morning at about 8/8.30 a.m. 10/12 persons set out from the house of the said Bharat Tudu and proceeded to the east of the village. They were waylaid in the Palash jungle by 200/250 armed people carrying CPI(M) banners. The aforesaid 10/12 activists of the Jharkhand Mukti Morcha became panicky and ran for their lives. They took shelter in the house of Shankar Hansda. The cadres of CPI(M) chased them and created pressure upon the aforesaid Shankar Hansda to flush out the persons he had provided shelter. Shankar refused to comply. He as a result was assaulted. His house was set on fire whereupon the activists of Jharkhand Mukti Morcha budged out one after the other. The cadres of CPI(M) started mercilessly beating them. Four activists of the Jharkhand Mukti Morcha were killed on the spot and many were injured. In the evening police visited the place of occurrence when a written complaint was lodged by Shankar Hansda. He also did not survive. He naturally was not there to depose at the trial.
(3.) The learned Trial Court has recorded an order of acquittal principally on two grounds:- a) the defacto complainant Sankar Hansda in his written complainant alleged that unknown persons had carried out the assault; b) neither of the surviving injured persons disclosed before the medical officers, who had provided them medical aid, name of any of the assailants. As a matter of fact, one of the injured persons had told that he did not know the assailants. Two of them while giving evidence sought to rope in the accused persons. The learned Trial Court refused to believe them and recorded the order of acquittal which is under challenge. Mr. Basu, learned Advocate appearing in support of this revisional petition submitted that the order of acquittal was passed by the learned Trial Court ignoring the evidence adduced by the PWs.2,3,5,7,10 and 12. Therefore the judgment is perverse and should be set aside. PW 2 is Smt. Ranimani Hansda the widow of the deceased Sankar Hansda. She in her examination-in-chief deposed, inter alia, as follows:- ?Thereafter, Sudhangshubabu, M.L.A. and Gurupada Hansda assaulted my husband Shankar Hansda. Thereafter, Hapan Murmu set fire to our dwelling house. The supporters of Jharkhand party tried to flee away from our house. At first, Narasingh Tudu came out from our house and then Sudhanshubabu, M.L.A., and another assaulted him and thereafter Babulal Baskey was assaulted. Thakurdas Soren, Hapan Murmu, Tunaram Hembram, Tulsi Soren, Robi Tudu, Biswanath Soren, Sagar Murmu were involved to the alleged incident. They are present in accused cage (Identified).?;