RATAN SIKDAR Vs. STATE OF WEST BENGAL.

JUDGEMENT

(1.) This appeal is directed against the Judgment and the order of conviction and sentence passed by the learned Judge, Special Court (E.C. Act) cum-- Additional Sessions Judge, Burdwan in connection with Sessions Case No.139 of 1998 (Sessions Trial No.11 of 1999) arising out of Jamalpur P.S Case No. 95 of 1996 dated 23.12.1996 Under Section 302/201 of the Indian Penal Code.

(2.) The case of the prosecution originates from a telephonic information received by Officer-in-charge of Jamalpur P.S on 23/12/1996 that marks of human blood had been found on the bank of a tank known as Sugre Smasan Pukur and a human leg could be seen in the water hyacinths of the said tank. Receiving the information, S.I., Nanigopal Pal of Jamalpur P.S went to the spot and saw the assemblage of villagers at the bank of the said tank. One headless deadbody covered with water hyacinth, was recovered from inside the tank. The local people failed to identify the headless deadbody. Police seized that dead body, took photographs of the same. On the basis of a written complaint of one Asit Ghosh received at the spot, police registered Jamalpur P.S case number 95 of 1996 under Sections 302/201 of the Indian Penal Code. For the purpose of identification of the said headless dead body, a news was published in the daily newspaper that a head less dead body had been recovered from a tank at Jamalpur. Seeing that news item, one Jyotin Das of Belghoria, Calcutta came to Jamalpur police station along with his sister-inlaw (Boudi) and identified the said dead body as the dead body of his elder brother, Jyotish Das at Burdwan hospital morgue. Acting on the information of Jyotin Das, police arrested the accused Ratan Sikdar from his residence situated at Mauza Udaipur, P.S- Jamalpur, District - Burdwan. Pursuant to the statement of the accused, the severed head of the dead body was recovered from Sugre Samsan Pukur as per showing of the accused. Police seized the same under seizure list and took the photograph of the same and thereafter it was sent for post mortem examination at Burdwan Medical College and Hospital. Jyotin Das and his sister-in-law also identified the said truncated head as the head of Jyotish Das. As per the confessional statement of the accused person, the weapon of offence i.e., a big "DAA" was recovered from the watery portion of the tank of one Dhananjoy of his village. Pursuant to the said statement of accused Ratan Sikdar wearing apparels of the deceased were also recovered from the tank of the privy of accused Ratan Sikdar.

(3.) The case as sequeled by the prosecution is that both the accused and the deceased Jyotish Das were co-businessmen and they used to sell green vegetables at Belghoria.