(1.) By way of filing this appeal, the State appellant has challenged the judgment and order, dated 10-4-2002, passed by the learned Sessions Judge. North Tripura, Kailashahar in Sessions Trial No. 31 (NT/ K) 2001 whereby and whereunder the accused persons, 16 in number, have been acquitted from the charges levelled against them under Sections 148, 149, 326 of the Indian Penal Code (for short IPC) read with Section 27 of the Arms Act.
(2.) Heard Mr. A. Ghosh, learned Addl. Public Prosecutor for the State appellant and Mr. S. Dutta Choudhary, learned Counsel appearing for the respondents.
(3.) The prosecution case as required to be discussed for disposal of the instant appeal, in short, is that P.W. 1, Sunil Malakar lodged a written F. I. R. with the Officer-in-Charge of Fatikroy Police Station alleging that on 19-8-1994 at about 11.30 p.m. when Jitendra Malakar (P. W. 10), Malay Kanti Bhowmick (P. W. 2), Samar Malakar and Satyendra Deb (P.W.5) were working in the CPI (M) party office at that time accused persons namely, Jyotirmoy Malakar, Hiranmoy Malakar, Mohonbasi Das, Nimai Das, Abhimanyu Das and 20 others duly armed with gun, pistol, arrows and bows attacked the party office and thereby the aforesaid persons sustained serious injuries and left the office through the back door. Thereafter, there were hue and cry and other people came there and shifted them to Fatikroy Hospital. It is also alleged in the FIR that all the assailants had absconded therefrom and they had threatened that they would kill all the CPI (M) supporters of the locality and burn their houses.