FULCHAND SAHISH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) More than a couple of decades back, one Kriti Mandi lodged a complaint addressed to the Officer in charge of the Barabazar Police Station. On the basis of the same, a case being No.70 dated 25.11.1989 under sections 147/148/149/323/324/325/326/302 of Indian Penal Code was started. Police Authority after completion of investigation submitted charge sheet. The case was, thereafter, committed to the learned Court of Sessions and subsequently transferred to the learned Court of Additional Sessions Judge, Fast Track Court No.3, Purulia.

(2.) Learned Transferee Court on the basis of the available materials framed charge under sections 148, 325/149, 302/149 and 326/149 of the Indian Penal Code against as many as 13 accused persons.

(3.) Of them, P.W.I is the defacto complainant who in his elaborate evidence-in-chief sought to substantiate the allegations made in the written complaint. P.W. 1 deposed that the incident took place on 8th of Agrahayan 1396 B.S. at about 6-30 p.m. and it was the day of Lok Sabha election. Identifying himself as a supporter of Congress Party, he stated that even after casting of votes, he along with others were waiting over there under instruction of his party agent, Lambodar Mandi. While returning home at about 5-30/6 p.m., the accused persons stopped them in front of the party office of the CPI(M). Immediately thereafter, Phulchand Sahish, Gopal Mahato, Monohar Mahato, Paban Mahato, Mahindi Mandi, Gobinda Sahish, Brajaram Soren, Rashik Majhi, Kaliram Majhi, Jugal Majhi, Naren Majhi and Nakro Majhi started assaulting him and others. P. W. 1 stated that Lambodar Mandi was assaulted by Monorath Mahato. Gobinda Sahish assaulted him on his head with an axe. Other persons also started assaulting him, Lambodar and Bhivu, Bhajahari Mandi was driven away.