- (1.) Order dated 30.09.2013 passed by the learned Additional Sessions Judge, Redesignated Court, Paschim Midnapore arising out of Case No. R.C. 3(5) 2011, Kolkata rejecting the prayer of the petitioner to declare him a juvenile in conflict with law has been challenged.
(2.) Petitioner who was arrested in the instant case claims that he was born on 14.06.1994 and accordingly was below 18 years of age on the date of occurrence i.e. 07.01.2011.
(3.) The prosecution case, as alleged, against the petitioner is to the effect as follows : Towards the end of 2009, CPI (M), a political party, had set up camps in different parts of Paschim Midnapore District on the pretext of providing shelter to their activists/supporters who had fled away from their homes owing to threats by Maoist and PCPA activists. In the year 2010, Abani Bhushan Singha (A-1), Subhendu Mondal (A-2), Tapan Dey (A-3), Aswini Chalak (A-4), Joydev Giri (A-5), Fullara Mondal (A-6), Rathi Dandapath (A-7), Naba Gopal Sanki (A- 8), Chandi Karan (A-9), Md. Khaliluddin (A-10), Anuj Pandey (A-19), Dalim Pandey (A-20), all being activists of CPI (M) party, entered into a criminal conspiracy and pursuant to such conspiracy set up a camp at the residence of Rathin Dandapat (A-7), another activist of CPI (M) party at Netai, Paschim Midnapore and a number of armed persons were deployed for guarding the said camp. None of the villagers were aware of the identities of the said armed persons. However, in the course of investigation it was found that the said individuals had been recruited from the neighbouring villages of Peruabad and Murar and were trained and deployed with arms to guard the said camp. It is further alleged that another such illegal camp was set up at village Birkard by Chandi Karan (A-9), an activist of CPI (M) party by forcibly occupying the house of one Indrajit Das and arrangements were made for the stay of a number of armed persons thereby. Abani Bhusan Singha (A-1), Subhendu Mondal (A-2) and Naba Gopal Sanki (A-8) used to stay at the said camp at Netai. After the said camps were set up at Netai, local villagers were compelled to do household work at such camps and also to guard the camps during night. Pursuant to the conspiracy, Abani Bhusan Singha (A-1), Subhendu Mondal (A-2) and Aswini Chalak (A-4) also compelled the villagers to undergo arms training. As a result, local villagers were made to undergo rigorous training on 06.10.2011. Having undergone said training, a number of villagers fell sick. In spite of the same, they were insisted upon to attend arms training on 07.01.2011. Local villagers protested against the said illegal training and assembled in front of the camp at Netai on 07.01.2011 in the morning. They conveyed their unwillingness to Abani Bhusan Singha (A-1), who in turn responded to the villagers and intimated them that he would bring the issue to the knowledge of senior formation of his party and decision of the senior formation would be communicated to the villagers. While villagers were waiting in front of the camp for such decision of the senior formation of CPI (M) party with regard to the forced and illegal arms training, the armed personnel of Birkard camp approached towards Netai and fired bullets in the air to scare away the assembled agitating villagers. On hearing the said bullet sounds from the roof top, firing was made initially in the air from the camp at Netai and in spite of such firing when the mob did not disperse, indiscriminating firing was made at the mob by Pintu Roy (A-11), Swapan Roy (A-12) the petitioner herein, Gandib Ban Roy (A-13), Raju Roy (A-14), Lob Duley (A-15), Banamali Duley (A-16), Niranjan Kotal (A-17), Rupchand Ahir (A-18) and other persons which caused death of 9 villagers and injury to a large number of them.;