ASHIQUE ARAFAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 22/6/2015 and 23/6/2015 passed by learned Additional District and Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial No.87(03) 2004 arising out Sessions Case No. 12(Feb) 2002 convicting the appellants for commission of offence punishable under Ss. 396/412/201 read with Sec. 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000.00 each, in default, to suffer simple imprisonment for two years more for the offence punishable under Sec. 396 IPC; to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000.00, in default, to suffer simple imprisonment for one year more for the offence punishable under Sec. 412 IPC and to suffer imprisonment for three years and to pay a fine of Rs.1,000.00 in default, to suffer simple imprisonment for four months more for the offence punishable under Sec. 201 IPC. All the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellants is to the effect that on 8/9/2001, Ashique Arafat, Sanjay Sen and Bidyut Dhal @ Bera hired a TATA Sumo vehicle bearing registration No. WB34F-8262 owned by Uttam Pattanayak (PW7) to go to Digha. Susanta Adak (the deceased) was the driver of the vehicle. They proceeded to Digha. At Digha, they halted at Gouri Lodge.

(3.) On the next day i.e. 9/9/2001 at 04:15 P.M. dead body of Susanta Adak was seen lying in the Cassurina forest at adjoining Marine Aquarium at Digha. PW3 noticed the dead body and lodged written complaint at Digha Police Station resulting in registration of Digha Police Station Case No.34 of 2001 dtd. 9/9/2001 under Ss. 302/201/34 of the Indian Penal Code.