SK YUSUF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 28.06.2006 passed by the High Court of Calcutta in C.R.A.No. 229 of 2000, by which it dismissed the appeal of the appellant against the judgment and order of conviction dated 26.5.2000 passed by the Additional Sessions Judge, First Court, Burdwan in Sessions Trial No. 7 of 1999, convicting the appellant under Sections 302 and 201 of the Indian Penal code, 1860 (hereinafter referred to as 'IPC') and appellant has been imposed the sentence to suffer rigorous imprisonment for life under Section 302 IPC and sentence of one year under Section 201 IPC. Both the sentences have been directed to run concurrently.

(2.) The facts and circumstances giving rise to this case are that:

(3.) Shri R.K. Gupta, learned Amicus Curiae, has submitted that it is a case of circumstantial evidence. There is no evidence on record that Sahanara Khatun, deceased, was seen with the appellant at the place of occurrence. The spade recovered by the Investigating Officer during investigation had not been sent for chemical analysis. The trial court as well as the High Court placed a very heavy reliance upon extra-judicial confession allegedly made by the appellant before Nurul Islam (PW.11) and Ali Hossain (PW.13) and others though there was no such confession. Nurul Islam is the brother-in-law of Abdul Rajak (PW.2), father of the deceased. Ali Hossain (PW.13) is a resident of the village of Nurul Islam (PW.11). He did not support the version of extra-judicial confession put forward by Nurul Islam (PW.11). There are contradictory statements regarding catching hold of the appellant at Jamalpur after one week of the incidence. There is no evidence of sexual assault on the deceased. Dr. Samudra Chakraborty (PW.18), who conducted the post-mortem on the body of Sahanara Khatun (deceased) did not mention in his report that any sexual assault was made on the deceased prior to her death. Thus, the appeal deserves to be allowed.