STATE OF WEST BENGAL Vs. SAHADEB BARMAN

JUDGEMENT

(1.) Death reference and criminal appeal have arisen out of the judgment and order dtd. 25/6/2019 and 29/6/2019 passed by learned Additional Sessions Judge, 1 Court, Siliguri, Darjeeling in Sessions Case No. 01(01) of 2016 corresponding to Sessions Trial No. 08 of 2016 convicting the appellants for commission of offence punishable under Sec. 302/392/411 of the Penal Code, 1860 read with Sec. 34 of the Penal Code, 1860 and sentenced them to death.

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

(3.) In the course of investigation, it came to light that a Micromax mobile set belonging to Prasenjit and two mobile sets, i.e., a Samsung mobile set with touch screen and a Samsung mobile set with keypad belonging to Pradip had been stolen. Almirah in the house had been broken and gold ornaments and cash were missing. Investigating officer, Nitesh Lama (P.W. 28) tracked the SIM cards of Pradip Bardhan and Prasenjit Bardhan. SIM card numbers of Pradip were 9232693297 and 9932902053 (which was used by Dipti). SIM card number of Prasenjit was 8145186839.