DILIP MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is filed against the judgment dated 22.03.2010 of the High Court of Judicature at Calcutta in Criminal Appeal No.326 of 2005 by which the conviction of the Appellant under Section 302 Indian Penal Code, 1860 (hereinafter referred to as the `IPC') and sentence of life imprisonment by the Additional Sessions Judge, Fast Track 2nd Court, Siliguri in Sessions Trial No.03/04 dated 11.02.2005 was confirmed.

(2.) A decapitated body was found lying in the Chandmuni Tea Estate near Himachal Behar Abasan Project at 13:15 hours on 03.02004. On the basis of a written complaint made by Bhupendra Nath Singh (PW-12), the investigation commenced and the Appellant along with Hira Routh and Khogesh Bansfore were arrested.

(3.) During the course of investigation the statements of accused persons were recorded on 04.02.2004. The accused led the police to Chandmuni Tea Estate area where the cut head was found wrapped with the wearing apparel of the deceased Sambhu Mallick son of late Pandi Mallick of Kuli Para, Siliguri. It was found concealed with soil and dry leaves in a garden drain. The body and the head of the deceased were identified by his relatives. The decapitated body and the cut head were sent for post-mortem to the North Bengal Medical College and Hospital and the seized articles along with wearing apparel of the deceased were sent to the R.F.S.L., Jalpaiguri. The weapon used for the commission of offence was also recovered on the basis of the statement and disclosure made by the accused persons from a concealed place on 08.02.2004.