RAM LOCHAN AHIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal on a certificate under Art. 134(1)(c) against the conviction of the appellant under S. 302, Indian Penal code and the sentence for imprisonment for life passed against him for the said offence.

(2.) One Pancham Sukla was an employee under the Calcutta Port Commissioner where also the appellant was employed. Pancham attended office last on the 10th of March, 1960 and at about 5.30 that evening he was seen in the company of the appellant. That was the last time he was seen alive and since then he has not been found. Pancham not having returned to his house his brother-in-law and another lodged a report with the police stating that pancham had been missing for the previous two days and in the said report gave a description of the missing person as well as the clothes that he wore at the time he left his residence. The fact that 'Pancham was last seen with the appellant was stated in a further report which the brother-in-law lodged with the police on the next day March 13, 1960. The appellant was arrested on March 21,1960 and on interrogation by the police he stated that Pancham Sukla was dead and admitted that he had buried the body of the deceased in the mud in a tank of which he gave a description. The place pointed out was searched and therefrom a human skeleton partly covered with a torn dhoti, underwear and a torn kurta in the side pocket of which was found a flag, were discovered. The appellant was also stated to have pointed out to the police in the course of further investigation that he had thrown a knife into the same tank. A search was made when not merely a knife but a shoe with a rubber sole, a human lower jaw bone etc., were recovered. After some more investigation a complaint was laid before the Magistrates, who after enquiry committed the appellant to take his trial before the Sessions Court where he was tried with the aid of a jury.

(3.) The appellant was charged with the commission of two offences:(1) under S. 364, Indian Penal Code of having abducted Pancham Sukla in order that he might be murdered, and (2) the substantive offences of having committed the murder under S. 302, Indian Penal Code. It may be mentioned that at the trial the articles recovered - the dhoti, shirt, underwear, shoe and the flag were all identified as having belonged to and being worn by the deceased when he was last seen. The jury accepted the evidence of the prosecution and returned a verdict of guilty against the appellant on both the counts. The learned Sessions Judge accepted the verdict and sentenced him to death under S. 302, Indian Penal Code and to rigorous imprisonment for life in respect of the offence under S. 364, Indian Penal Code.