Nishita Mhatre, J.

The present appeal arises from the judgment and order of the Additional Sessions Judge, 1st Court, Suri, Birbhum, in Sessions Case No. 70 of 2000 decided on 11th November, 2010.

2. Eighty one persons were charged for having committed offences under Sections 147, 148, 149, 326, 307, 302, 120B, I.P.C. and Section 9B(2) of the Indian Explosives Act. Seventy six persons were committed for trial on 16th September, 2002. One of the accused was arrested later and he was tried along with the other seventy six accused. The Sessions Court, by its judgment, has convicted 44 of the accused under Section 302 read with Section 149 of the IPC. They have been sentenced to life imprisonment and a fine of `5000/- (Rupees five thousand only) and in default of payment of such fine, six months rigorous imprisonment for each offence. They have also been sentenced to suffer imprisonment for three years and a fine of `1000/- (Rupees one thousand only) for the offence under Section 148, I.P.C. The other accused have been acquitted.

3. Ghastly and vicious crimes have been committed in this case where 11 persons have been murdered. Before proceeding with the matter, it is necessary to mention here that investigation conducted in this case was abysmal reflecting an alarming state of affairs where the police did their utmost to ensure that the perpetrators of the crime went scot free. Statements of all the witnesses have not been recorded by the police. There is no seizure of the weapons used in the assault, nor of any other relevant articles. This is the sorry situation although there were three Investigation Officers who handled this case consecutively. The careless, perfunctory and lackadaisical investigation reflects a sad story and is a telling comment on the role of the police in this case. In spite of all these shortcomings this Court has attempted to sift the grain from the chaff in order to ascertain the truth of the prosecution case.

4. The story of the prosecution in brief is that on 27th July, 2000 at about 6 or 6.30 a.m. one Sk. Safique was driving a tractor from his village Purandarpur to Suchpur. When he was proceeding alongside the land of one Bacchu Miya and Babu Miya in his tractor, a large number of people armed with weapons like tangis, spears, muskets, bombs and rifles suddenly attacked him. Supporters of the Trinamool Congress (hereinafter referred to as 'T.M.C) party who were working in the adjacent fields came running to his rescue. The miscreants attacked those persons with sharp weapons. They dragged Sk. Safique and those who came to his aid to Suchpur Club, while continuously beating and assaulting them. These persons were dragged out, one at a time, from the club room and killed mercilessly by assaulting them with fire-arms, bombs, muskets, sticks and tangis. The dead bodies were strewn in the fields beside the Suchpur Baitara Gravel Road. Ten persons were killed on the spot. One of the persons who were brutally assaulted died on the way to hospital. The inquest was conducted between 10 a.m. and 1 p.m. on the same day. The corpses were then sent for the post-mortem examination. The FIR was lodged at 2.45 p.m. against 53 persons. The charge was framed against 81 persons under Sections 147, 148, 149, 326, 307, 302, 120B of the I.P.C. and Section 9B(2) of the Indian Explosives Act. The case was filed against 4 persons on 24th January, 2002 as they were absconding. The case was committed to the Sessions Court on 16th September, 2002 against seventy six persons besides one person who was arrested later.

5. Seventy seven accused were tried by the Sessions Court. Thirty two witnesses were examined by the prosecution in support of its case. Out of these witnesses, PWs 1, 4, 6, 9, 10 and 14 claim to be eye-witnesses. The relatives of the deceased were also examined as witnesses. Four doctors were examined to prove the post-mortem reports. Three witnesses examined by the prosecution have been declared hostile.