PROBODH PURKAIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All these four appeals arise out of the judgment dated 20th July, 2005 passed by the Division Bench of the Calcutta High Court in respect of the judgment delivered by the Additional Sessions Judge, Alipore, 24 Parganas (South), in Sessions Trial No. 3(5) of 1993.

(2.) The said trial involves a double murder committed at Radhaballavpur under Kultali Police Station on 15th January, 1985. In all 109 persons were shown as accused in the charge-sheet in connection with Kultali P.S. case 4(1) of 1985 dated 16th January, 1985. Out of the said 109 accused, 98 were committed to the Sessions Court. Out of the said 98 accused, 58 stood acquitted under Section 232 Cr.P.C. and one Yunus Laskar could not be tried as he was found to be insane. Ultimately, 39 persons faced the trial before the Additional Sessions Judge-cum-Judge, Special Court (EC Act) Alipore, 24 Parganas (South).

(3.) The prosecution case is that one Shah Alam Molla (PW-2) lodged a written complaint at Kultali Police Station, South 24 Parganas, at about 1730 hours. On 16th January, 1985, stating that on 15th January, 1985 at about 8 a.m. about 157 persons, as named in the complaint, along with 400 to 500 persons formed an unlawful assembly armed with deadly weapons such as lathi, tangi, ballam etc. under the leadership of one Probodh Purkait and proceeded towards Radhaballavpur. First they attacked the house of one Payed All Laskar (PW-3). The members of the unlawful assembly looted the house of Payed Ali, assaulted the members of his family and also committed rape on his sister.