PINTOO BISWAS AND ORS. Vs. STATE

JUDGEMENT

(1.) Present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure against the judgment dated 05.04.2013 and order on sentence dated 17.04.2013 by which both the appellants were convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each and in default thereof further simple imprisonment of three months.

(2.) The case of the prosecution as noticed by the trial court is as under:

(3.) Shri R.K.Anand, Counsel for the appellants argued that the judgment of the trial court is based on conjectures and surmises and the trial court has failed to evaluate the evidence in the right perspective; that except recovery of a mobile phone from the appellant Manoj, there is no evidence whatsoever to connect the appellant with the commission of the crime; that the prosecution has failed to establish that the mobile phone recovered from the appellant Manoj belonged to the deceased Sushmita and that merely because appellant Manoj absconded soon after the commission of the crime would not be a sufficient ground to connect the appellant Manoj with the crime.