BHAGIRATHI BARIK Vs. STATE

JUDGEMENT

(1.) On 25-3-1991 at about 5 p.m. one Seru Saha lodged First Information report at Bhadrak, Rural Police-station that some persons set fire to the house of Piru Saha in another busti of the village. In view of the blaze and sound on account fire on the houses in the Busti, Muslim population of the village became panic stricken and screamed. On suggestion of some Muslim people, they left their houses. He sent his children to the mango grove of Baraju Pati. Thereafter, packing the belongings in two bundles, he along with his middle son, left towards the mango grove at about 2 p.m. On the way 20 to 30 unknown persons armed with deadly weapons like Barchha, Farsa, stick surrounded both father and son. They assaulted his son causing bleeding injuries. Finding this he ran to the grove and informed Saha and others of the village who were in the grove. Abhi Jena of the village who was there was requested to give water to his injured son. Abhi went to the spot and returning back informed that his son is already dead. Subsequent events were also narrated in the report.

(2.) On investigation, four petitioners were arrested on allegation of having committed offences under Ss. 147/148/302/436/149, IPC. Their applications for bail having been rejected, they moved this Court.

(3.) Order of learned Sessions Judge revealed that accused Tapan Singh against whom allegations are the same has been released on bail by Additional Sessions Judge. Notice for cancellation of bail of Tapan Singh was issued. Later on, bail application of four accused persons was rejected and today the question of cancellation of bail granted to Tapan is under consideration.