MADHAB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two criminal appeals arise from the same judgment of conviction and order of sentence. These two appeals are heard together and taken up for delivering common judgment.

(2.) All the appeals are preferred against the Judgment dtd. 29/06/2019 and the Order of sentence dtd. 01/07/2019 passed by the Learned Additional Sessions Judge, Tufangunj, District - Cooch Behar in Sessions Case No.324 of 2012 corresponding to Sessions Trial No.01 (06) of 2014 whereby the Appellants were found guilty under Sec. 201/34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a term of six years and also to pay fine of Rs.25,000.00 each in default to suffer simple imprisonment for six months. Bablu Chandra Saha, the deceased, son of the de-fact complainant Nagendra Mohan Saha went to the residence of his neighbour Haran Saha for charging his mobile hand-set on 08/07/2010. From about 10:00 p.m. he was missing. He could not be traced out even after thorough search. On the next morning his mobile was found near the toilet of the de-facto complainant. In the evening a missing diary was lodged bearing number G.D.E 301/10 dtd. 09/07/2010 in Boxirhat Police Station. Bablu Saha, the deceased, used to go to the residence of one of the accused Madhab Das. The said accused fled away from the locality when the deceased was missing. On surmise, the de-facto complainant along with local people interrogated another accused Naguri Das who confessed before all that all the accused persons, belonging to the same family, murdered the deceased and buried the dead body under a banana bush.

(3.) Written complaint was lodged before Boxirhat Police Station on 10/07/2010. The case was registered as Boxirhat P.S. Case No.80/2010 dtd. 10/07/2010 under Ss. 302/201/34 of the Indian Penal Code. Dead body of the deceased was exhumed, inquest report was prepared, post-mortem examination was conducted. The Investigating Officer conducted investigation after completion of which he filed charge sheet under Ss. 302/201/34 of the Indian Penal Code.