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The Supreme court revived a criminal case relating to violence after the panchayat-poll in West Bengal in 1993 by observing that the entire prosecution story cannot be doubted merely on the ground that there have been certain exaggerations in the story.
In the case, violence took place after a day when the Communist Party of India(Marxist) won the panchayat election by defeating Indian Peoples’ Front party and other parties. Due to this, five IPF members were killed and 24 were injured.
The trial court acquitted all the accused, who were the members of CPI on benefit of doubt. An appeal was filed by the IPF members in the High Court. The Court held that there is absence of gross procedural defect and thus it cannot interfere with the decision of trial Court.
The Supreme Court held that-
The Court also rejected the theory of stampede of the trial court that the injuries must have been suffered in stampede, since if it would have been so, it is impossible that only one group has suffered the injuries. Thus, the matter was remitted to the High Court to decide the revision petition on merits.
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