MONOJ KUMAR SRIVASTAVA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the instant appeal the appellants have challenged the judgment of conviction and order of sentence dated 02.05.2005/03.05.05 passed by the Learned Additional District and Sessions Judge, Fast Track Court -VI, Alipore, District: South 24 -Parganas in S.T. No.04(02)04 / S.C. No.43(02)04 convicting them under Section 302 of the Indian Penal Code read with Section 34 of the said code and sentencing them to undergo imprisonment for life each and to pay a fine of Rs.2,000/ - (Two thousand) each, in default to undergo Simple Imprisonment for 3 months each for the said offence. They were further convicted under Section 201 of the Indian Penal Code read with Section 34 of the said Code and were sentenced to undergo Simple Imprisonment for 5 years each and to pay a fine of Rs.1,000(one thousand) each, in default to undergo Simple Imprisonment for one month each for the said offence. However, both the sentences would run concurrently.

(2.) PUT in a short frame, the prosecution case runs as under: - On 26.09.2003 at about 09.50 hours a telephonic information was lodged in Alipore Police Station that an unknown dead body was floating in Tollynalah in front of the premises No.69/1/A, Chetla Road. Such information was diarised being Alipore P.S. G.D. Entry No.2841 dated 26.09.2003 (Exbt.23). On receipt of such information police of Alipore P.S. being led by S.I. Mantu Gopal Mondal had been to 69/1/A, Chetla Road and found a dead body was floating in Tollynalah water. The said S.I. brought out the dead body from the water to the eastern shore of Tollynalah with the help of the local people and examined the dead body thoroughly and found the dead body was decomposed. Photographers came and took photographs of the dead body. Thereafter, the said S.I. held inquest in presence of local witnesses and prepared an Inquest Report duly attested by the witnesses. On search of the wearing apparels, a black coloured purse containing xerox copy of driving licence in the name of Santosh Gore with his father s name and address and his photograph and some other papers were recovered from the back pocket of the trouser. The said S.I. seized those articles under a seizure list duly attested by the witnesses. Thereafter, he sent the dead body to Kantapukur Police Morgue for post mortem examination. Thereafter, he along with other officers and force went to 6, Dilarjan Road in order to fix up the identity of the dead body. There they contacted with one Uma Sankar Singh who gave them the address of the premises of the deceased Santosh Gore. Accordingly, they went to that premises and met with Mithai Lal Gore, father of the deceased Santosh Gore and he was taken to the police morgue where he identified the recovered dead body as that of his son Santosh Gore. Thereafter, on returning to P.S. the said S.I. Mantu Gopal Mondal entered the facts including the action taken by him in a G.D. Entry being G.D. Entry No.2888 dated 26.09.2003 and started a suo -moto case treating the said G.D.entry as First Information Report of the case. On the basis of such G.D. Entry, Alipore P.S. Case No.140 of 2003 dated 26.09.2003 under Section 302 of the Indian Penal Code was registered. That case was investigated into and on completion of investigation charge sheet was submitted under Sections 302/201/34 I.P.C. against the present appellants. Thereafter, the case was placed for trial before the Learned Additional District & Sessions Judge, Fast Track Court -VI, Alipore who framed charges under Section 302 read with Section 34 I.P.C. and under Section 201 read with Section 34 of the I.P.C. against the present appellants and after conclusion of trial, he held the appellants guilty and convicted them as aforesaid.

(3.) MR . Sekhar Kumar Basu, Learned Senior Counsel appearing for the appellants has advanced the following arguments while impugning the judgment under appeal: -