KHUDIRAM MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against an order of acquittal dated 30th May 2003 passed by the learned Additional District & Sessions Judge, Fast Track 1st Court, Midnapore, in Sessions Trial No.XXI of September 1995 ( State vs. Bishnupada Samanta & 14 Ors.) by which all the fifteen accused persons were acquitted of charges under sections 148,149 and 302 of the Indian Penal Code.

(2.) The case of the prosecution briefly stated is that the accused persons accompanied by others led by the accused Mantu Metia sought to raise an embankment through the land belonging to Ananta. Rampada, son of Ananta, and his near relations tried to resist the intrusion whereupon the accused Mantu Metia led an attack, as a result whereof Rampada died and several others were injured. The incident took place on 24th June 1989 at about 10 hrs. in the morning. First information report was lodged at 12.35 hrs. on 24th June 1989 which translated in English would read as follows:-

(3.) The learned Trial Court in passing the order of acquittal held that "certainly the deceased Rampada Maity died as result of injuries caused in the circumstances, but who caused such mischief and so of throwing of arrow is not clear and there have been different versions and none is so much strong and reliable."