YUSUF GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In all 109 persons were shown as accused in the charge- sheet in connection with Kultali P.S. Case No. 4(1) of 1985 dated 16th June, 1985 out of which Sessions Trial No. 3(5) of 1993 arose, 98 persons were committed to the Sessions Court since 9 accused persons meanwhile either died or escaped trial and out of those 98 persons, 58 persons stood acquitted under the provisions of Section 232 of the Cr.P.C. and one Yunus Laskar could not be tried due to his insanity and thus, ultimately 39 persons faced the trial before the learned Additional Sessions Judge-cum-Judge, Special Court (EC Act Alipore), 24th Parganas (South).

(2.) The learned Additional Sessions Judge, while delivering his judgment in connection with Sessions Trial No. 3(5) of 1993, convicted the present appellants who are 6 in numbers under Sections 148, 302/149 and 323/149 of the I.PC. and sentenced them to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- each in default, rigorous imprisonment for one year each under Section 148 of the I.PC., to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/- each in default, rigorous imprisonment for one year each under Section 302/149 of the I.P.C. and also to suffer rigorous imprisonment for six months each and to pay a fine of Rs. 5,000/- each in default, rigorous imprisonment for three months each under Section 323/149 of the I.RC.The learned Judge, however, recorded an order of acquittal in respect of 33 persons including Probodh Purkait and others.

(3.) The convicted persons preferred Criminal Appeal No. 4 of 1998 while the State being aggrieved by the order of acquittal recorded in favour of the 33 persons preferred Government Appeal No. 17 of 1999.