MOHAMMAD YASIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal on behalf of the appellant Md. Yasin, is directed against the judgment and order dated 7.12.90 of conviction and sentence passed by an Additional Session Judge, Asansol in Sessions Case No. 161/87 convicting the appellant on the charges punishable under sections 376 IPC and 302/34 IPC and sentencing him to RI for 10 years and to pay fine of Rs. 2000/- in default to suffer RI for a further perI.O.d of 2 years for his conviction under section 376 IPC and also sentencing him to imprisonment for life and to pay fine of Rs. 5000/- in default to suffer RI for a further period of 3 years of his conviction under section 302/34 IPC and all the sentences of imprisonment were ordered to run concurrently.

(2.) Prosecution case, in brief, it appears, that on 21.4.85, in the evening, one Goutam Das (victim since deceased), aged about 19 years of Puranahat under P.S. Hirapur, along with one girl Amba Bose (victim of gangrape (PW2) aged about 16/17 years, went towards Rahamatnagar but Goutam did not return home till late hours of the night. Goutam's adjacent neighbour Anil Baran Das (PWI) of Puranahat returned home from his duty at about 10-30 P.M. on that day and found Juthika Das (PW19), mother of Goutam, standing on the road anxI.O.usly, and on asking her, PWI came to know that Gautam had gone out of their house at 5-30/6 P.M. without telling her anything and had not returned home till then. On hearing this, PWI, did not enter his house and took 2/3 boys with him and went out in search of Goutam. After proceeding a little, they came to know that Goutam had gone towards Rahamatnagar along with a girl named Amba (PW2) towards the evening, PW1 then collected 3/4 more people totalling 7/8 persons including Arup (PW4) his son, and Bapi, Biswanath Goswami (PW8), neighbour of Goutam, for searching Goutam at Rahamatnagar. On the way, at Chasipara, by the side of Rahamatnagar, they learnt that the son of Shyama Bouri and two other boys had kidnapped a boy and a girl and took them towards the vacant place inside the jungle situated to the north of Chasipara and there was no human dwelling within half a mile on the southern side of that place. In the midst of search by some people of Chasipara, they found out the deadbody of Goutam lying near a mound between Dhobatalao and rail line. Then those people of Chasipara told PW1 and his searching associates that before PW1 and his searching associates went to search for Goutam in the locality, they came across a girl coming towards Chasipara and they had handed over the said girl to Hirapur P.S.

(3.) In that fateful night between 21.4.85 & 22.4.85 at about 23-05 hrs. sub-inspector U. C. Bhattacharjee (PW 28, the I/O) was incharge of Hirapur P.S. as his O.C. was out for mobile duty. At that time one Ashok Kumar Sapan of Chasipatti Rahamatnagar came to the P.S. and reported that many people of Puranhat had assembled at Chasipatti and there was an apprehension of peace. PW 28 recorded that information in G.D. Entry No. 1125 dated 21.4.85 and informed the O.C. of his P.S. over R.T. Simultaneously he left for Chasipatti along with some force and arrived at Chasipatti at 2-35 A.M. On 22.4.85 and found that his O.C. had already arrived there and one Anil Das of Puranhat (PW1) made a statement before the O.C. which was duly recorded by the O.C. which was treated as FIR and the investigation of the case was entrusted to him and there after the dead body of Goutam Das was detected and identified by one Anup Das (PW4) and others which was lying by the side of a mound near a pond. PW 28, the I.O. held inquest on the dead body with a T-short shirt and Jangia and a Trousers wrapped around the neck of the deceased. During further search, one light green whitish polyester full sleeve bush shirt with repairing marks on the front left side, one pair of black striped swet chappal, one pair of ladies' chappal and one pair of hawai chappal identified to be of the deceased Goutam Das, found nearby, were also seized by the I.O. under a seizure list. A sketch map of the P.O. with index was also prepared by the I.O. The wearing apparels of the victim Amba Bose (PW 2) were also seized and in view of the statement of the victim (PW 2) that one of the victims had pox marks in his face, the I.O. went in search of the appellant but did not find him in his house.