ABANI BHUSAN SINGHA Vs. CBI

JUDGEMENT

(1.) The Judgment of the Court was as follows :

(2.) Before the prayer made by the petitioner is appreciated, it will be necessary to give brief gist of the facts as it emerges from perusal of the charges framed against the petitioner. According to the prosecution all the petitioners on the night intervening 6th and 7th of June, 2011 had fired at a mob which resulted into death of 9 (nine) persons which included 4 (four) females. They also injured 28 persons who suffered simple and grievous injuries. Injury suffered by some of the prosecution witnesses fall under the ambit of Section 307 of the Indian Penal Code as it was opined by the Medical Officer that the injuries could have resulted into death in case timely medical aid was not provided. The occurrence led the CID department of the State police to register the Case No. 4 of 2011 dated 7.1.2011 at Police Station Lalgarh, District Medinipur under Sections 148/149/326/307/302 of the Indian Penal Code read with Section 24 of the Arms Act. Later on the intervention of the Division Bench of this Court investigation of case was transferred to the CBI who after conclusion of investigation had filed a separate charge-sheet. On the basis of report so submitted nine charges were drawn against the present petitioners by the trial Court.

(3.) To controvert the submissions made by Shri Milon Mukherjee, learned Senior Counsel, Shri Razack, learned Additional Solicitor General, Government of India has urged as follows :