KURMA RAO Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals filed by the same appellant arising out of the same judgment and order of conviction dated 23.8.1994 passed by Sri N. Konar, learned XIII Judge of City Sessions Court, Calcutta convicting the appellant for committing offence under Sections 394/397/302/34 I.P.C. in Sessions Trial No. 1/March, 1994 are taken up together for the sake of convenience.

(2.) The facts of the case in brief is that Mr. Gopendra Nath Dutta, the de facto complainant, a retired Director of Geological Survey of India had been residing in premises No.4/2 Commissiorate Road, Calcutta under Hastings P.S. along with his old wife and old and ailing mother-in-law who was about 94 years of age. His mother-in-law was physically incapable and used to stay on the first floor of the premises while Mr. Dutta and his wife used to stay on the second floor of the premises. On the fateful day of 19.8.1993 at about 17.30 hours Mr. Dutta along with his friend Shymalesh Bhaduri came back to his house and found the main door bolted from inside. Despite his shouts nobody open the door and then with the help of two local boys who scalled the wall of the house Mr. Dutta got the door opened. Thereafter Mr. Dutta along with his friend Mr. Bhaduri went to the second floor of his house and found his wife Namita aged about 73 years lying in a pool of blood with several injuries. Thereafter Mr. Dutta with the help of his friend took his wife to the drawing room and immediately he went out to bring his family physician, Dr. Mrs. Brahamachari. Mr. Dutta after having sent Dr. Mrs. Brahamachari to his house went to Hastings P.S. and reported the incident to the police which was diarised. Then Mr. Dutta came Pack to his house and on the advice of Dr. Mrs. Brahamachari with the help police who appeared there in the meantime the injured, Mrs. Dutta was. removed to the hospital where she succumbed to her injuries. On search Mr. Dutta found all the almirahs in the bed room and drawing room were opened and it was detected that one Sony Tape-recorder marked T.C.95. some gold ornaments like a pair bungles, one churi, one neck chain, several silver coins, copper coins and medels including one war medel of Tripura were missing from the almirahs.

(3.) The police started a case on the complaint of Mr. Dutta against the unknown persons under Sections 394 and 302 I.P.C. and in course of investigation police had arrested one Dilip Kumar Ram on 20.8.1993 on being identified by their source. Dilip Kumar Ram was searched and some stolen articles were recovered from him. Thereafter, the police arrested on Kurma Rao in the night of 20.8.1993 and some stolen articles were recovered from his possession. On being led by Kurma Rao police arrested his another associate Anand Tamang on the same night and some stolen articles were also recovered from him. Police had also recovered the blood stain shirt on being shown by the accused persons and the said blood stain shirt was kept concealed in a manhole of a house under construction just by the side of the house of Mr. Dutta. It was disclosed by the arrested accused persons that the said shirt was worn by Kurma Rao at the time of commission of offence.