Joymalya Bagch, J. - (1.) THE impugned order dated 4th June, 2013 passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Purulia in Sessions Case No. 160 of 2012 (Sessions Trial No. 13 of 2013) framing charges against the petitioners under Sections 148/186/353/307/148 of the Indian Penal Code has been assailed.
(2.) THE prosecution case as alleged against the petitioners is to this effect that on 12th September, 2010 at about 5 p.m. a large number of persons being armed with bows and arrows came in front of Jhalda Police Station and demanded immediate unconditional release of two arrested persons, namely, Santosh Majhi and Atul Besra, who had been arrested in connection with Jhalda Police Station Case No. 97 of 2010 dated 12th September, 2010. It is further alleged that the accused persons became agitated and forcibly entered into the compound of the Police Station and tried to snatch away the arrested persons. The accused persons started pelting stones and brickbats at the police personnel and caused injuries on their presence and even attempted to kill them. In order to control the unruly mob, the police had to resort to lathi charge. In conclusion of investigation, charge sheet being No. 43/11 dated 30th June, 2011 under Sections 147/148/149/186/323/325/307/353 of the Indian Penal Code was submitted before the learned Magistrate. The case was committed to the Court of Sessions. By the impugned order, charges were framed under Sections 148/186/353/307/148 of the Indian Penal Code. The petitioners pleaded not guilty and claimed to be tried.
(3.) LEARNED lawyer for the petitioners submits that the order framing charges does not disclose the fact that they were given an opportunity of hearing. He also submitted that the uncontroverted allegations do not disclose the ingredients of offence under Section 307 of the Indian Penal Code. In this connection, he referred to the observation made by the learned Court below while granting bail to the petitioners. He further submits that the actual assailants are not identifiable in the instant case.;