KADAM MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 10/9/2013 and 11/9/2013 passed by the learned Additional District and Sessions Judge, Fast Track Court, Kalna, Burdwan in Sessions Trial No. 14 of 2008 arising out of Sessions Case No. 90 of 2004 convicting the appellants for commission of offence punishable under Ss. 449/302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life on both counts. Both the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellants is as follows:-

(3.) Police was informed and Sarbanu Bibi lodged written complaint implicating the following accused persons:- 1) Kuddus Ali Sk, 2) Kadam Mallick, 3) Kajal Sk, 4) Giyas Sk., 5) Janga @ Jangsher Sk., 6) Anarul Sk., 7) Daud Ali Sk. @ Daud Ali, 8) Toraf @ Torab Sk., 9) Kata Sk., 10) Nizam Sk., 11) Habul Sk., 12) Kalo Mallick and 13) Anar @ Anowar Sk. FIR was registered against them being Monteswar P.S. Case No.44 of 1993 dtd. 22/4/1993 under Ss. 449/302/201/34 of the Indian Penal Code. Subsequently, Ss. 120B/212 of the Indian Penal Code were also added to the array of offences. Investigation in the case was taken up by SI Mani Mohan Mukherjee (PW15). In course of investigation, he arrested Kajal and Janga. The said appellants made disclosure statements leading to the recovery of the severed head of the deceased.