Renupada Mookherjee, J. - (1.) The fifteen respondents of this appeal were placed on their trial before the Sessions Judge of Nadia, sitting with a jury on various charges, - respondent No.1, being tried on charges under Sections 302, 148 and 324 of the Indian Penal Code and the remaining fourteen respondents under Sections 147, 302/149 and 324/149 of the Indian Penal Code. The following is a brief summary of the prosecution case:
(2.) Senpara and Sisha are two contiguous villages - Sisha being to the north of Senpara. Some culturable lands of the two villages intervene between the inhabited portions and a patit bhita, called Fakirer Bhita, lies in the midst of the culturable lands of the two villages. The cowboys of Sisha used to graze their cattle on the above bhita which was objected to by the people of Senpara on account of damages caused by the cattle to their crops. On the day of occurrence, namely, on the 10th of Ashar, 1360 B.S., corresponding to the English date, the 24th June, 1953, three cowboys of Sisha village, namely, deceased Abhoy Charan Biswas, Rabindra Nath Biswas (P.W. 1) and Nirapada Biswas (P.W. 2) came to graze six heads of buffaloes on the above bhita, each being in-charge of two heads of buffaloes. At about 2 or 2.30 P.M., four of the accused respondents, namely, Kalipada Mandal, Parsha Mandal, Khokaram Mandal and Fakir Mistry came to that place and asked the cowboys to take away their cattle. This they refused to do whereupon some altercation followed. Following the altercation accused Kalipada struck a blow with a lathi on the head of Abhoy which was, however, warded off by the Mathail or indigenous umbrella which Abhoy was carrying upon his head. Abhoy snatched away the lathi and struck a blow on Kalipada and Fakir with the lathi. Thereafter the four accused persons named above went away towards Senpara. At about 3.30 P.M. on the afternoon of the same day the respondents came to the place again with many other people numbering about 30 or 40 in all. Respondent Bhupati carried a gun and respondent Sanat a Tangi and the other persons were also armed with various weapons such as falas, lathis, etc. Under orders of accused Sanat, accused Bhupati forthwith opened fire on deceased Abhoy, who fell down Bhupati fired another round injuring Nirapada. Rabindra fled away. In the meantime some people of Sisha, who were working on their land in the neighbourhood came to Fakirer Bhita, on hearing the gunshots. Accused Bhupati indiscriminately fired 5 or 6 rounds of shots injuring as many as ten persons viz., Dhirendra Nath Biswas (PW 3), Jay Krishna Mandal (PW 4), Gobinda Chandra Biswas (PW 5), Nrisinha Pada Biswas (PW 7), Sasadhar Mandal (PW 8), Dukhiram Mandal (PW 9), Kalipada Mandaln (PW 10), Dulal Chandra Mandal (PW 11), Dhiren Mandal (PW 12) and Kshitish Mandal (PW 14). Abhoy, who had been very seriously injured was dragged away to the house of accused Bhupati. His uncle Jadu Biswas, who got information of the occurrence came to the house of Bhupati and made necessary arrangements for removing him to his own house. In the meantime, an A.S.I., viz., Ramesh Chandra Chatterjee. PW 25, who had obtained information that there was an apprehension of a breach of the peace in this locality, came to the house of accused Bhuptai Biswas, who happened to be the President of the Union Board of this locality. He took charge of the situation and made arrangements fro sending such of the injured to the Hospital at Krishnagar. A written complaint was made over to him by Jadu Biswas, at 10 P.M., in the night. Abhoy had expired in the meantime. Ramesh Chatterjee, also sent information about this occurrence to Circle Inspector Nripendra Lal Roy Choudhury, PW 26, who visited the locale in the following morning and made some investigation. Thereafter he made over the investigation to Sudhangshu Kumar Mitra, PW 27, who submitted a charge sheet against the accused respondent after completion of investigation. The accused persons were thereafter placed upon their trial on the charges mentioned above and after preliminary enquiry before a Magistrate there were committed to the Court of sessions.
(3.) In their examination under Section 342 Cr. P.C. all the accused persons excepting accused Bhuptai Biswas simply pleaded their innocence denying their knowledge of, and complicity in the occurrence. The defence of accused Bhuptai Biswas, as it transpires from his statement under Section 342 Cr. P.C., was that at about 3.30 p.m. in the afternoon of the day in question, he heard a row at Fakirer Bhita. He went there alone with a gun which he had taken with him for scaring away some monkeys from his garden. When he went to Fakirer Bhita he was surrounded by 40/50 men of Sisha who attacked him and he fired in order to save his life. He further stated that he only fired two rounds and there were no other men of Senpara with him.;