SAJAI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 30th April, 1993 by which the learned Trial Court found all the three accused persons guilty of offence punishable under section 302 read with section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for life. The case of the prosecution briefly stated is as follows :--

(2.) It is not in dispute that the accused Sajai was a widower. He had 8/9 children according to the evidence of the PW 5. The accused Lalan's house was situate at a distance of 15 cubits from the house of the accused Saked as would appear from the evidence of the PW 4. As regards the illicit relationship between the accused Sajai and the accused Rosena there is no dispute. It is also on the record that a salish was held to prevent the affair between the aforesaid accused persons. There is also evidence to show that the accused Sajai and Rosena continued to meet at the house of Lalan after the victim had taken exception to the affair as would appeal from the evidence of the PW 5. There is evidence to suggest that the accused Lalan was promised by the accused Sajai 10 cotthas of land in lieu of facilitating the meeting of the lovers at his house. There is evidence to show that in the house of the accused Lalan there were three bedrooms where Lalan used to reside with his family members as would appear from the evidence of the PW 6. There is thus evidence to show illicit relationship between the accused Sajai and the accused Rosena. There is also evidence to show that the accused Lalan acted as the facilitator or in other words provided the place for meeting of the lovers at his house after the victim had taken exception to the affair. The Autopsy Surgeon (PW 8) found multiple scratches below the mid region of ('heck and fracture of the hyoid bone. According to him the death was caused by manual strangulation. Safiquddin (PW 4) and Nasiruddin (PW 5) had both noticed the accused Sajai and Lalan escaping from the place of occurrence. Besides these pieces of evidence and the other undisputed facts the only other piece of evidence available to the learned Trial Court was a confessional statement of the accused Rosena. The learned Trial Court expressed his views in that regard as follows :--

(3.) The learned Trial Court also relied on the theory of last seen together in order to nail the accused Rosena and his views in that regard are as follows:--