MUHAMMAD ZEPHYR Vs. SHIBRAJ SINGH

JUDGEMENT

(1.) This Rule is directed against an order of acquittal passed by Shri P. N. Lahiri, Additional Sessions Judge, 24 Parganas, in a Sessions trial where the jury unanimously found the three opposite parties not guilty of the respective charges upon which they were tried. The learned Judge held that the verdict which he accepted was not against the weight of evidence. He did not, however, express himself as to whether he agreed with the verdict.

(2.) Opposite party No. 1 Shibraj Singh was tried on charges under Sections 302 and 326 of the Indian Penal Code. The charge under Section 302 was for shooting Sk. Monjur to death and the other charge under Section 326 of the Indian Penal Code was for causing grievous hurt to a boy named Ranjit Pal, who is prosecution witness No. 24 in the case. The two other opposite parties were charged for abetment of the aforesaid offences.

(3.) The prosecution case which may be shortly narrated was as follows: There is a manufacturing concern on the Bagmari Road known as Oriental Rubber Works. For sometime past there was a discontent amongst the factory workers as a result of which the workers went on strike which lasted from the 13th to the 21st August, 1956 when there was a tripartite agreement amongst the Secretary and the President of the Labour Union Mr. Kaijar All (opposite party No. 3), the Manager of the concern and the Assistant Labour Commissioner. On the 24th August, 1956 the management suspended 17 workers. This, the employees alleged, was in violation of the terms of the tripartite agreement and amounted to victimization. The company tried to run the factory by recruiting new hands. The strikers used to assemble at the gate of the factory and maintain a check on all vehicles coming in or going out with the object of preventing induction of new recruits and export of manufactured goods. The management sought police help and had two constables posted on continuous duty to prevent any breach of the peace.