ASHOK KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS criminal appeal arises out of judgment and order dated 17th March, 2005 and 18th March, 2005 respectively passed by Learned Additional Sessions Judge, 7th Court, Alipore, South 24 -Parganas in S.C. Case No. 48(6) 2002 corresponding to S.T. No. 1(8) of 2002, whereby Learned Judge of the trial court convicted the appellants for commission of the offence under Section 302/34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life and to pay fine of Rs. 5,000/ -, in default to suffer simple imprisonment for 6 months more.

(2.) THE prosecution case, in a nutshell, is that one Mahinder Rajbhar was found missing since 24.02.2001. On 24.02.2001 at about 3:30 p.m. Mahinder Rajbhar was seen along with the accused Matabadal Rajbhar and Ashok Kumar and others at the crossing of Remount Road and Diamond Harbour Road for the last time. One missing diary was lodged at Watgunj Police Station being G.D. Entry No. 2670 dated 25.02.2001. On 26.02.2001 Smt. Usha Devi Rajbhar, wife of Mahinder Rajbhar received telephonic message from Alamgunj Police Station, Patna, Bihar to the effect that one male person was recovered from under the Mahatma Gandhi Bridge, Patna and shifted to Nalanda Medical College and Hospital, Patna. As the description of the injured person recovered under Mahatma Gandhi Bridge matched with the appearance of Mahinder Rajbhar, the relatives of Mahinder Rajbhar rushed to Patna and identified the dead body of Mahinder Rajbhar. One unnatural death case was started by the police of Alamgunj Police Station. The inquest on the dead body was held and the post -mortem examination of the dead body was also held. However, the specific criminal case was started at South Port Police Station on 06.11.2001 on the basis of written complaint submitted by the wife of Mahinder Rajbhar before the Officer -in -charge of South Port Police Station. The police investigated the case and submitted charge sheet. The court framed charge against the appellants on the allegation of committing offence under Section 364/34 of the Indian Penal Code and under Section 302/34 of the Indian Penal Code. Ultimately, the trial court convicted the appellants for commission of the offence under Section 302/34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life and to pay fine of Rs. 5,000/ -, in default to suffer simple imprisonment for 6 months more.

(3.) THE appellants have challenged the judgment and order passed by Learned Judge of the court below on the grounds, inter alia, that the circumstances relied on by the Learned court below for holding the appellants guilty of the charge have not been proved beyond reasonable doubt, that the motive of the appellant for committing the murder is not established, that the inordinate delay of more than 8 months in lodging the F.I.R. has not been explained satisfactorily and that there are many missing links in the chain of circumstances pointing out the innocence of the appellants. Accordingly, the points for consideration in this appeal are: i) whether the appellants are guilty of the charge under Section 302/34 of the Indian Penal Code and ii) whether the judgment and order passed by Learned Judge of the court below is liable to be set aside.