MOHAN SINGH Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) A headless body of a male was found in a train at Sealdah station on 7th July, 2004 at about 10:15 p.m. The hands of the person killed were tied behind his back with a white shirt; his lower limbs had been severed from the body. The head of a man was found in a polythene bag beside the body. At about 11:50 p.m. an FIR was lodged by the Incharge, Sealdah G.R.P.S. mentioning the discovery of the dead body of an unknown person in the Jammu Tawai Express which arrived at Sealdah about 8 p.m. that evening. Accordingly, a case under Sections 302 and 201 of the IPC was registered against an unknown person.

(2.) On the same day i.e. on 7th July, 2004 a complaint was lodged in Faizabad by Prayag Dutt Tiwari, the son of Jagadish Prasad Tiwari, complaining that his father had not returned home after leaving for work as usual at about 8:45 a.m. on 6th July, 2004. It was also mentioned that despite searching for Jagadish Prasad Tiwari over a long period of time there was no trace of him. The complaint was registered as G.D. No.24 on 7th July, 2004 at 10:30 a.m.

(3.) On investigation, the police found photographs in the pocket of the shirt which was used to tie the hands of the deceased. These photos were found in an envelope on which the name of Mohit Studio, Faizabad was printed. The police then went to Faizabad, U.P. to investigate further. They were informed at the studio that photographs were those of one Jagadish Prasad Tiwari. The body and the head found in the train were photographed separately and after placing the head on the body appropriately. The photographs were taken to Faizabad where the police learnt from the sons of Jagadish Prasad Tiwari that the dead body was that of their father. On further investigation it was learnt that Jagadish Prasad was last seen together with the appellants and one Marutendar Pratap Singh on 6th July, 2004 at about 10:15 a.m. travelling in a jeep. On the basis of the information received and the investigation conducted, the police arrested the appellants and Marutendar Pratap Singh who later absconded and the case against him has been filed. The appellants claimed to be tried and accordingly the case was committed to the Court of the Additional Sessions Judge, Fast Track 3rd Court being Sessions Trial No. 3(11)2006 arising out of G.R.P.S. case No.81 of 2004 dated 7th July, 2004. The appellants have been convicted after the testimony of 37 witnesses was recorded. They have been convicted under Sections 364, 302, 201 and 34 of the IPC. Each of them has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- (Rupees five thousand only) and in default of payment of fine, to suffer simple imprisonment for six months for the offence committed under Section 302 read with Section 34 of the IPC. In respect of the offence punishable under Section 364 read with Section 34 of the IPC, they have been sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- (Rupees five thousand only) each; and in default of payment of fine, to suffer simple imprisonment for six months. They have also been sentenced to suffer rigorous imprisonment for three years and have been fined Rs. 5000/- (Rupees five thousand only), each; in default of payment of such fine, to suffer rigorous imprisonment for six months for the offence punishable under Section 201 read with Section 34 of the IPC. All the sentences have been directed to run concurrently.