MANOJ RAJAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A common Judgment and order of conviction and sentence have been assailed in four criminal appeals. For the sake of convenience of discussion and arriving at a just decision, all the four appeals viz. CRA No. 297 of 2007 with CRA No. 704 of 2007; CRA No. 413 of 2007 and CRA No. 857 of 2006 are taken up jointly.

(2.) THE aforesaid four appeals are directed against the judgment and order of conviction and sentence passed by the learned Additional District & Sessions Judge, First Court, Alipore, South 24 Parganas in connection with Sessions Trial No. 4(2)/2001 arising out of Cossipore P.S. Case No. 132 of 2000 dated 30.7.2000 under Section 302/34 of the Indian Penal Code.

(3.) IN the said written complaint, the defacto complainant has further alleged that his sister-in-law, Laxmi Das, had illicit relation with Manoj Rajak. Accordingly, he suspected that Laxmi Das perhaps opened the door of their room and accordingly Manoj Rajak, Pappu Singh and Debu Patra got scope to enter into their room and were able to commit murder of his elder brother, Tapan Das. IN the said written complaint, the informant alleged that Manoj Rajak, Pappu Singh and Debu Patra entered in a criminal conspiracy with Laxmi Das and committed murder of Tapan Das. On the basis of the said written complaint, Cossipore P.S. Case No. 132 of 2000 dated 30.7.2000 under Section 302/34 of the INdian Penal Code was started. The Police after completion of investigation submitted charge sheet in this case against four accused persons viz. Manoj Rajak, Pappu Singh, Debu Patra and Laxmi Das for the offence punishable under Section 302/34 of the INdian Penal Code.