Jay Sengupta, J. - (1.) These appeals are directed against the judgment and order of conviction dated 11.05.2015 and sentenced dated 12.05.2015 passed by the learned Additional Sessions Judge, 4th Court, Paschim Medinipur in Sessions Trial No. XLVI/March/2010. By the said judgment, while accused Chhatradhar Mahato, Sambhu Soren alias Lalu, Sagun Murmu, Suksanti Baskey, Raja Sarkhel and Prasun Chatterjee alias Bhutan were acquitted from the charge under Section 307 read with section 34 of the Penal Code, the accused Chhatradhar Mahato, Sambhu Soren, Sagun Murmu and Suksanti Baskey were exonerated of the charges under Sections 16(1)(b) and 17 of the Unlawful Activities (Prevention) Act (the UAPA, for short), the accused Sambhu Soren alias Lalu and Sagun Murmu were acquitted from the charge under Section 3 of the Explosive Substances Act and the accused Suksanti Baskey and Chhatradhar Mahato were exonerated from the charge under Section 4(b) of the said Act, the following accused/appellants were convicted and sentenced as herein below :
(2.) On 26.09.2009 at about 18.45 hours, PW 1, a Sub Inspector of Police, lodged a suo motu First Information Report against the accused Chhatradhar Mahata, Sambhu Soren alias Lalu, Ranjit Murmu, Sagun Murmu, Koteswar Rao, Bikash, Sasadhar Mahato, Lalmohan Tudu, Santosh Patra, Sido Soren, and Comrade Bornali under Sections 120B, 121, 121A, 124-A, 307 of the Penal Code, Sections 3 and 4 of the Explosive Substances Act and Sections 17, 18, 20, 38, 39 and 40 of the UAPA leading to the registration of Lalgarh Police Station Case No. 161 dated 26.09.2009. It was alleged that PW 1 along with other officers and constables of the Lalgarh Police Station and the forces of the CRPF left for working out an information regarding terrorist activities. After crossing Dalilpur village, when they came to a place, after passing a baniyan tree at about 13.35 hours on 26.09.2009, suddenly an explosion occurred on the left side of 'morum' road at the base of a date tree. Luckily no one was injured. During the search for the remnants of the IED, an electric wire was found stretching up to a nearby bush in the field. The raiding party followed the wire up to the bush and found four persons including the accused Sambhu Soren, Ranjit Murmu and Sagun Murmu hiding behind the bush. While they could nab the three men, the fourth one escaped. After search, a flash-gun was recovered from the accused Sagun Murmu. The apprehended accused disclosed their identities and confessed that they exploded the IED as per order of Chhatradhar Mahato and Kishanji who were the leaders of Police Santras Birodhi Janasadharaner Committee (the PSBJC, for short) and CPI (Maoist), respectively and who had supplied the bomb to them. Chhatradhar Mahato, Kishanji, Bikash and others had been staying for a meeting at Birkar village. Then the raiding party proceeded for Birkar following the way as was shown by the accused Sagun Murmu. At about 14.25 hours they reached Birkar village and noticed about six or seven persons engaged in a conversation in a very low voice under the cover of hedges. The raiding party immediately chased them and could apprehend Chhatradhar Mahato with printed gazettes styled as Guerilla Barta, 4th edition, August 2007 and Biplabi Jug Potrika, May 2007 edition. But, the others fled away by opening fire from their firearms. They could identify Sido Soren, Santosh Patra, Sasadhar Mahato, Lalmohan Tudu while Chhatradhar Mahato stated that the others were Kishnaji and Bikash. The said Chhatradhar Mahato confessed that he and Kishanji had procured explosives and mines and supplied the same to Sagun Murmu, Shambhu Soren and Ranjit Murmu directing them to plant them on the roadside at Dalilpur village to prevent police from moving into the areas as they had a meeting scheduled nearby. Chhatradhar Mahato and others were the activists of CPI (Maoist), which was an organization banned by the Central Government, but was continuing with its terrorist activities in different areas of Paschim Medinipur district and the adjacent districts. They were having an organizational network with their counterparts in Jharkhand. This terrorist group indulged in various criminal activities including committing murder of police personnel and political persons, looting firearms from police and extorting money from different businessmen and thereby creating a reign of terror covering vast areas. It was alleged that the accused had entered into a conspiracy for abetting waging of war against the Central Government as well as the State Government to overawe them by show of criminal force. The CPI (Maoist) and the PSBJC had brought and attempted to bring hatred, contempt and excite disaffection towards the Governments established by law. The accused were also members of an association declared unlawful by the Government of India. Subsequently, further searches and seizures were effected. After completion of investigation, a charge sheet was submitted. In 2012 charges were framed against the accused Chhatradhar Mahato, Sambhu Soren alias Lalu, Sagun Murmu, Suksanti Baskey, Raja Sarkhel and Prasun Chatterjee alias Bhutan under Sections 120B, 121, 121A, 122, 123, 124-A and 307 of the Penal Code, under Sections 18, 38(2), 39(2) and 40(2) of the UAPA, against the accused Suksanti Baskey under Sections 4(b) of the Explosive Substances Act, against the accused Sambhu Soren alias Lalu and Sagun Murmu under Section 3 of the Explosive Substances Act, against the accused Chhatradhar Mahato, Sambhu Soren alias Lalu, Sagun Murmu and Suksanti Baskey under Sections 16(1)(b), 17 and 20 of the UAPA and against the accused Chhatradhar Mahato under Section 4(b) of the Explosive Substances Act, Section 25(i)(a) of the Arms Act. Prior to the framing of charge, the accused Ranjit Murmu passed away.
(3.) During trial the prosecution examined thirty two witnesses to establish its case. From the trend of cross-examination and examination of the accused under Section 313 of the Code, it would be evident that the defence case was a complete denial of the prosecution case.;