GOPESHWAR MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals have been filed assailing judgment and order dtd. 26/7/2013 and 27/7/2013 passed by the learned Additional District and Sessions Judge, Fast Track Court, Kalna in Sessions Trial No.01 of 2010 arising out of Sessions Case No.01 of 2009 convicting the appellants for commission of offence punishable under Ss. 302/34 and under Ss. 201/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000.00 each, in default, to suffer rigorous imprisonment for six months for the offence punishable under Sec. 302/34 of the Indian Penal Code and to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000.00 each, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Ss. 201/34 of the Indian Penal Code; both the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellants is to the effect that one Sanjoy Mukherjee, the deceased intended to sell a CD Machine with boxes to one Becharam @ Becha @ Tapas Majhi. Accordingly, on 14/11/2008 at 8.00 P.M. Sanjoy along with Becha transported the CD Machine with a box in the rickshaw of one Kajal Biswas @ Kaju (P.W. 9) to the residence of Becharam. Sanjoy accompanied the CD machine on his bicycle with Becharam. Sanjoy did not return home till mid-night. Guru Charan Mukherjee (P.W. 1), father of Sanjoy and his brother Ujjal Mukherjee @ Tutu went to the house of Kajal @ Kaju and the latter informed them there was an altercation between Sanjoy and Becharam over the price of the CD Machine and Becharam told Kajal to return to his residence assuring that he would escort Sanjoy to his home. Hearing this, P.W. 1 and others went to the house of Becharam. Gopeshwar Majhi, father of Becharam told them that Sanjoy had left for his residence. Believing him they returned. But Sanjoy remained untraceable. Guru Charan tried to ascertain the whereabouts of Sanjoy by telephoning his relations. But to no avail. In the morning he and other villagers again went to the house of Becharam and enquired from the latter and his father Gopeshwar regarding the whereabouts of Sanjoy. They gave contradictory and evasive replies. At that juncture, Guru Charan went to the police station to lodge written complaint against Becharam and Gopeshwar on the suspicion that they had abducted his son with the intention to murder him. In the meantime, other villagers remained at the residence of Becharam. Ujjal (P.W. 11) suddenly noticed the money bag of his brother Sanjoy lying in their house. Upon confrontation and on repeated queries Becharam and his father finally admitted that they had strangulated Sanjoy and thrown his body into the river Ganges. They also stated that they had been aided and abetted by their neighbour Nemai Mondal. Soon thereafter police came to the spot and arrested Becharam and his father, Gopeshwar. On interrogation they admitted their guilt. CD Machine with a box, money bag and other articles were recovered from their residence. On their showing the bicycle of the victim was recovered from the river. Napkin used to murder the victim was also recovered. On the next day, body of Sanjoy was found floating in the river and was recovered. Post mortem doctor (P.W. 13) opined that Sanjoy had been strangulated to death. Charge-sheet was filed against Becharam and his father, Gopeshwar and Nemai Mondal.

(3.) The case was committed to the Court of Sessions and charges were framed under Ss. 364/34, 302/34 and 201/34 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried. Prosecution examined 17 witnesses and exhibited a number of documents. Defence of the appellants was one of innocence and false implication.