JALADHAR METEY Vs. STATE

JUDGEMENT

(1.) THE appellant Jaladhar Metey was tried along with two others before Shri A. K. Chatterjee, Additional Sessions Judge, Howrah, Against the appellant and the other accused persons there was a charge under Sections 302/34 of the Indian Penal Code that they on or about the 30th of June, 1968 at Narit, police station Amta, district Howrah, committed murder by intentionally causing the death of Netai Chandra Mondal in furtherance of the common intention of all. There was a further charge against the appellant and the other accused persons under Sections 201/34 of the Indian Penal Code that they on the same day and at the same place knowing that , certain offence, namely, murder punishable with death had been contracted had caused certain evidence of the said offence to disappear, namely, the dead body of Netai Chandra Mondal with the intention of screening themselves from legal punishment in furtherance of the common intention of them all.

(2.) BY an order dated the 27th January, 1971 the learned Judge found the appellant guilty of the offence punishable under Section 302/201, I. P. C. and convicted and sentenced him to imprisonment for life under Section 302, I.P.C., but passed no separate sentence under Section 201, I.P.C. The other two accused persons were acquitted of the charges.

(3.) THE appellant pleaded not guilty to the charge and he retracted the confession and stated that he was induced to confess under threat and pro -raises.