PATIT PABAN HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against a judgment of conviction and order of sentence passed by the Learned Additional District and Sessions Judge, Fast Track Court, Jhargram, Paschim Mednipur on 17/3/2006 in Sessions Trial number 21/October/2005. By the said judgment, the Learned Trial Court convicted the appellants for offences punishable u/s 121A/122/124A of the Penal Code, Sec. 25(a)/35 of the Arms Act and Sec. 4/5 of the Explosive Substances Act.

(2.) Mahakash Choudhury, S.I of Police, Belpahari Police Station lodged a written complaint before the officer in charge of the Police Station on 23/5/2005 to the effect that on 23/5/2005 at about 13:30 hrs, Pradeep Kumar Dutta, O.C Belpahari P.S received telephonic information through S.I Arijit Das Gupta that Prasanta Kumar Das and Jishu Ray Choudhury who were wanted in a case under Belpahari Police Station were arrested and during interrogation, both the accused persons confessed that on 23/5/2005 at around 22:00 hrs, they were scheduled to attend a meeting to be held at village Tamajuri under P.S. Belpahari with squad members of CPI Maobaadis from various corners. The O.C received further information that the Maobaadis carrying arms, ammunition and explosive material, were loitering at Tamajuri and Simulpal side to prepare for the meeting. The local people were also instructed to attend the meeting at around 21:00 hrs. The O.C recorded such information by a G.D. and on his instruction, the complainant, accompanied by force, reached village Tamajuri at around 21:45 hrs on 23/5/2005. The O.C left for Simulpal with force to work out the information.

(3.) On arriving at the spot, the complainant noticed an assembly of 30/40 persons in front of Tamajuri Upa Sasthya Kendra which was about 100 yards west to the metal road stretch from Belpahari to Bashpahari, and heard seditious lectures being delivered. The assembly was sitting on the ground and 5/6 members armed with firearms were guarding the location. The complainant and his force surrounded the area from all sides but, upon their presence being detected, the crowd started fleeing in different directions. Upon chasing the crowd, Sushil Ray and Patit Paban Haldar could be apprehended from the spot and folio bags containing seditious leaflets and articles were recovered from their possession. Local people came forward and named a few persons amongst others who forced the villagers to attend the meeting at gun-point. The two apprehended accused persons also spoke in tune with the local villagers.