Kanchan Chakraborty, J. - (1.) THE challenge in this revision application is to the judgement dated 31st May, 2003 passed by Shri Shankar Acharya, Additional Sessions Judge, (FIC No. 2), District- Purulia, in Sessions Trial Number- 5 of 2003, whereby acquitting the opposite parties no. 2 to 7 from the charges under Section 147/148/302/149 of IPC.
(2.) SMT. Subid Bhagat wife of Deceased Vijay Bhagat has challenged the legality, validity and propriety of the judgement impugned mainly on the following grounds : i) that the learned High Court failed to appreciate the evidence on record in its proper perspective; ii) that the learned Court erred in not believing the evidence of the P.W. 1, P.W. 5 and P.W. 8 without any cogent reason; iii) that the learned Court failed to appreciate that relations of the deceased can not be categorised as interested witnesses and being so, their evidence can not be discarded and disbelieved; and iv) that the judgement of acquittal under challenge being otherwise bad in law, is liable to be set aside and an order for rehearing/retrial of the case is to be passed. For proper appropriation of the entire matter, a short reference to the factual aspects is given below : On 22.3.1990, at about 5 P.M. while Vijay Bhagat was proceeding towards Suisa Railway Station from his village Suisa, the petitioners told him to join Forward Bloc party leaving Jharkhand Mukti Morcha party and threatened him with dire consequences in case of not doing so. That fact was reported to Md. Alam Khan by Fatu Singh (P.W. 6) on 23.3.1990. On getting such information, Md. Alam Khan (P.W. 2) went to Suisa market at 6.30 A.M. At that time some members of Jharkhand Mukti Morcha party reached there for the purpose of collection of subscription for their party function to be held on 31.3.1990. Vijoy Bhagat was also present there. Sometimes thereafter, Opposite party Ram Singh Mahato appeared there. Md. Alam Khan (P.W. 1) was called on by him inside the market. Fatu Singh (P.W. 6) and Ram Bilash Singh (P.W. 2) also went inside the market with Md. Alam Khan. Md. Alam Khan (P.W. 1) witnessed that one Panchanan Rajok coming out holding Bijay Bhagat. Bijay Bhagat was being followed by the opposite parties Maheswar Kuiri, Dhaneswar Kuiri, Sukumar Muru, Manaaram Mahato, Ram Singh @ Ram Siringar Mahato, Bir Singh Mahato (Since deceased) with Arms. Petitioner Ram Singh Mahato rushed towards Vijay Bhagat. In the mean time, opposite party Bir Singh Mahato caught hold Md. Alam Khan and directed the other opposite party to commit murder. Opposite party Maheswar Kuiri assaulted Bijay Bhagat with spear and tangi while opposite party Ram Singh Mahato threw Bijay Bhagat on the ground. The entire incident took place infront the shop of one Suku Paramanik. All the opposite parties/accused assaulted Bijay with spear and tangi causing his death instantly and fled away. Fatu Singh (P.W. 6), Ram Bilash Singh (P.W. 2) and Md. Alam Khan (P.W. 1) had gone therefrom towards railway lines keeping the dead body of Bijay Bhagat lying on the ground infront the shop of Suku Paramanik and Beni Sao. Md. Alam Khan lodged one FIR in Suisa outpost addressing the officer-in-charge of Bagmundi police station. On the basis of said FIR Bagmundi police station case no. 17 of 1990 dated 23.3.1990 was started under Sections 147/148/149/302/34 of IPC against the opposite parties. The learned Trial Court framed charges under Section 147/148/302/149 of IPC against the six opposite parties who pleaded not guilty to the charges and claimed to be tried. Accordingly, the trial commenced. In course of trial, prosecution examined as many as fourteen witnesses including the Doctor who conducted the post mortem on the dead body of Vijay Bhagat, the I.O., Md. Alam Khan, Fatu Singh and Ram Bilas Singh. Some documents, such as, the FIR, some G.D. entries being no. 225 231 dated 23.3.1990, the post mortem report, inquest report, the sketch map of the P.O. were admitted into evidence and marked Ex. on behalf of the prosecution. No witness was examined nor any document was placed in the Trial Court by the defense on their behalf. The learned Trial Court, upon consideration of the evidence on record, oral and documentary, found that the prosecution failed to bring home the charges leveled against the accused/opposite parties no. 2 to 7 and, accordingly, recorded their acquittal from the charges. Smt. Subid Bhagat, wife of deceased Bijay Bhagat has coming with this revision application challenging the legality, validity and propriety of the judgement of acquittal on the grounds mentioned earlier.
(3.) THE points to be considered are 1) whether the judgement impugned suffers from any incorrectness, illegality, invalidity and impropriety and (2) whether this Court by exercising its revisional jurisdiction shall set aside the judgement under challenge and pass an order of retrial/rehearing of the case. Mr. Dipankar Pal, learned Counsel appearing on behalf of the petitioner contents that the learned Trial Court wrongly brushed aside admissible evidence as inadmissible and overlooked material evidence of the prosecution and passed the order of acquittal considering irrelevant evidence. He takes me to the FIR (Ex. 1) and submits the contains of the FIR are sufficient enough to indicate that on 22.3.1990 Vijay Bhagat was asked to leave the Jharkhand Mukti Morcha party by opposite parties Ram Singh Mahato, Gopal Prasad Kuiri and Dhaneswar Kuiri who also threatened him with dire consequences in case he fails to do so. It also appears therefrom that Fatu Singh (P.W. 6) informed that fact to the lodger of the FIR Md. Alam Khan (P.W. 1) on 23.3.1990 in the morning. Hearing that news, the P.W. 1 had been to Suisa market. Some of the followers of Jharkhand Mukti Morcha party were collecting subscription in the market at that time together with Vijay Bhagat. At that time, opposite party Ram Singh had asked the P.W. 1 to go inside the market. Fatu Singh and Ram Bilash Singh also accompanied him. The P.W. 1 found that Panchanan Bhagat was bringing Vijay Bhagat holding his hand and opposite parties were approaching Vijay Bhagat with arms. Opposite party Maheswar directed to kill vijay Bhagat. Maheswar hit Bijay with tangi and Ram Singh pushed him on the ground infront the shop of Suku Paramanik. Thereafter, all the opposite parties started assaulting Vijay till his death. They left the place after causing death of Vijay. Fatu Singh (P.W. 6), Ram Bilash Singh (P.W. 2) rescued the P.W. 1 from Bir Singh Mahato and they together had gone towards the railway lines. The dead body of Vijay was lying infront of the shop of Suku Paramanik at that time.;