DILIP KUMAR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The aforesaid two appeals came up for hearing before the Division Bench and since there was difference of opinion between the two learned Judges, the same was referred to this Bench in terms of the provision of Section 392 of the Code of Criminal Procedure.

(2.) Since both the aforesaid criminal appeals are preferred against the common judgment and order of conviction and sentence, those are taken up for hearing analogously. Both the appeals are directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Burdwan in Sessions Trial No. 7 of 2007, thereby convicting the accused appellants under Section 302/34 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 6,000/- each, in default to suffer rigorous imprisonment for a further period of one year.

(3.) On the basis of a complaint lodged by one Bishnupada Dutta (P.W.2), father-in-law of the victim, a case was registered with Khandaghosh Police Station being P.S. Case No. 46 of 2006 dated 17.08.2006 under Section 376/302 of the Indian Penal Code. It was alleged in the FIR that on 16.08.2006 at about 6.00 P.M. the victim Chandra Dutta went to a nearby pond to wash herself. As the victim did not return even after a considerable period, the informant being the father-in-law of the victim along with some neighbouring people went out of his house in search of victim Chandra. They found the deadbody of Chandra in naked condition under a "Bel Tree" (wood apple tree) on the northern side of the pond with a mark of bleeding injury on her chin.