BINOY GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Lakkhan Pal used to drive a truck owned by one Asish Mondal. On 11/9/2011 at around 8.30 p.m., he had informed his brother Ram Prasad Pal (P.W. 1) over his mobile phone bearing No. 9734746541 that he would return home by Biswabharati bus if his truck was not loaded. Lakkhan did not return that night. On the next day also he did not return. Accordingly, Ram Prasad (P.W. 1) started searching for his brother. His mobile phone was found switched off and his employer Asis Mondal informed P.W.1 that Lakkhan had returned the key of the truck and left for his residence the previous night. Susanta Pal (P.W. 5), cousin of Lakkhan was informed and he met the owner of the vehicle on 13/9/2011. Upon enquiring at the lorry stand at Sainthia Nanda Kesharitala, P.W. 5 came to know that Lakkhan had left with Binoy Ghosh (Appellant in CRA 374 of 2014). On enquiry Binoy stated to him that he and Lakkhan had drunk wine. Lakkhan had given Rs.30.00 while he collected Rs.120.00 from his brother-in-law Bama Charan Ghosh (Appellant in CRA 379 of 2014). Lakkhan received a phone call and Binoy left the place. P.W. 5 made further inquiries in the matter.

(2.) He talked to Bama Charan Ghosh but nothing could be revealed about the whereabouts of Lakkhan. On 14/9/2011 around 7/7.30 a.m. P.W. 1 received information that a dead body was found on the bank of Mayurakshi river. He along with other villagers including P.W. 5 went to the spot and found the body of Lakkhan partly buried inside the sand with a plastic rope tied around the neck. Body was decomposed and P.W. 1 noted signs of injury. He lodged written complaint at the police station resulting in registration of Sainthia P. S. Case No. 124 of 2011 dtd. 14/9/2011 under Sec. 302 of the Indian Penal Code against unknown persons. Police held inquest over the dead body. Body was sent for post mortem examination.

(3.) P.W. 18 held post mortem over the body of the deceased and opined death was due to strangulation associated with injuries ante mortem and homicidal in nature. About a month after the recovery of the dead body,