SATIPADA BISWAS Vs. STATE

JUDGEMENT

(1.) This Rule is directed against on order of the Sessions Judge, Hooghly, dated November 12, 1957, by which he directed the issue of process against the Petitioner and another under Section 304 read with Section 114 and Section 147 of the Indian Penal Code and to make a further enquiry into their case. A similar Rule was issued at the instance of Satipada Biswas (Criminal Revision No. 64 of 1958) arising out of the same order of the learned Sessions Judge, both Rules having arisen out of the same order are being dealt with together.

(2.) Upon a charge-sheet filed by the police against a large number of persons, the learned Magistrate Shri B.C. Banerjee started an enquiry preliminary to commitment under the provisions of Section 207A of the Code of Criminal Procedure. There was, however, no charge sheet submitted by the police against the two Petitioners in the present two Rules, In short, the prosecution case was that C.S. Dag 134, Mouja Jeypur belonged to one Jatindra Nath Banerjee and the opposite party Akhoy Majhi used to cultivate in lihag under him. On May 4, 1957 while Akhoy Majhi and other Bhagidars were actually ploughing, the Petitioner Ajit Ghose and the Petitioner Satipada Biswas in the other Rule with 30 or 40. others, all armed, came upon the land and began to assault Bhagidars. In course of the assault one man of the name of Nanda Chalak on the side of the opposite party was killed and six others were injured. It appears that before the learned Magistrate some witnesses were examined and also cross-examined.

(3.) On August 28, 1957, a petition was filed on behalf of the opposite party Akhoy Majhi praying for issue of a process against the two Petitioners. The learned Magistrate on the following day, viz., on August 29, 1957, examined and cross-examined some more witnesses and fixed September 4, 1957, as the next date for examining other prosecution witnesses. On this day he disposed of the petition filed on behalf of the Akhoy Majhi and ordered as follows: