MENOKA MALIK Vs. STATE

JUDGEMENT

(1.) This is an application under section 397 of the Code of Criminal Procedure filed at the instance of Smt. Menoka Malik and three others as petitioners seeking for setting aside of the judgment and order dated 15th December, 2001 passed by the 1d. Sessions Judge, Burdwan in Sessions Case No. 91 of 1998 [Sessions Trial No. 10(7) of 2000] and for sending back the aforesaid case for rehearing.

(2.) The short facts leading to the filing of this revisional application are as under: Petitioner No. 1 as de facto complainant made a statement before the police on 31.05.1993 which was reduced in writing and treated as the First Information Report and based on that the Memari P. S. Case No. 82/93 dated 31.05.1993 was registered under sections 147/148/149/342/448/325/326/436/379/307/ 302 of the Indian Penal Code.

(3.) It was alleged in the First Information Report that in the Panchayat Election of the locality, the candidates of the political party (IPF) lost the election to the candidates of the political party [CPI(M)] and on the next day, that is on 31.05.1993, the day after the Panchayat Election at about 8.30 a.m., about 15/16 number of supporters of the political party (IFF) had come to take shelter in the house of their leader Badal Malik in the village Karnada as they had been chased by the supporters of the political party CPI(M) and as they were apprehending that the supporters of the CPI(M) would create further trouble, around 1.30 p.m. on that day one Bhanu Hati, Bhaluk Hati and Kachi Hati, all supporters of the CPI(M) started to insult the wife of one Sunil Pakrey, a supporter of IFF, when Sunil protested, the said Bhanu Hati cried out to gather the men of CPI(M) and after that about a mob of CPI(M) supporters consisting of about 250/300 persons in number, assembled there, they were armed with deadly weapons like lathi, ballam, tangi, bows and arrows; and they attacked the house of said Badal Malik and set fire to that house; they set fire also to the house of Mantu Mal, Dilu Pakrey and Ajit Pakrey; they assaulted and injured many people; one Dilu Pakrey and one Hiru Majhi died on the spot due to the assault; the culprits also ransacked many houses in the village and snatched Rs. 700/- from the house of Mihir Malik and earrings from Chandana Majhi.