SAHADEB DALUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Criminal Appeal is against the judgment and order dated 20.01.2007 and 22.01.2007 passed by the learned Additional District and Sessions Judge, 14th Court at Alipore in Sessions Trial Case No. 1 (6) 2004 convicting the Appellants of the charges under Section 394 and under Section 302/34 of the Indian Penal Code and sentencing the Appellants to suffer R. I. for 10 years each and to pay fine of Rs. 5,000.00 (rupees five thousand only) each I.D. to R. I. for 6 months more for the offence under Section 394 I. P. C. and to suffer life imprisonment each and to pay fine of Rs. 10,000.00 (rupees ten thousand only) each I.D. to suffer R.I. for 1 year more for the offence under Section 302 I. P. C. Both the sentence is to run concurrently.

(2.) The facts leading to the appeal, briefly stated, are as follows:-

(3.) One Sachin Barua a retired Government employee used to reside alone in a room in the premises No. 31/B Christopher Road, Calcutta. His wife predeceased him. On 04.08.2003 some local people noticed stinking smell coming out of the room where the said Sachin Barua used to reside. The door was found under lock and key from outside. One Anil Banerjee of the locality reported the matter to the local Police Station over telephone at 8.45 p.m. Having received such information S. I. Animesh Howladar of Tangra P. S. along with some other police personnel rushed to the spot and found the information correct. After going to the house, S. I. Animesh Howladar peeped inside the room opening a window and found the decomposed dead body of Sachin Barua lying on a cot inside the room, covered by mosquito net and quilt. S. I. Animesh Howladar with the help of others broke open the padlocks on the door and a grill gate and entered inside the room. As the gates were under lock and key from outside it was suspected that somebody had killed Sachin Barua and thereafter left the place after keeping the entrance doors of the room under padlocks from outside. After completion of some pre-enquiry acts the dead body had been removed to N. R. S. Hospital and thereafter, S. I. Animesh Howladar after return to the P.S. submitted a written F. I. R. narrating the aforesaid facts. On the basis of such F. I. R. Tangra P.S. case No. 201 of 2003 had been registered describing the offender to be 'unknown'. The case was endorsed to S. I. Sandip Ganguly for investigation. During investigation it came into light that the present Appellants namely Bulbuli alias Chaitali Dalui and her husband Sahadeb Dalui committed the murder of Sachin Barua, took away cash and other valuable articles from the house and left the place keeping the doors in the house under lock and key from outside. So, charge sheet under Section 394 I. P. C. and under Section 302/34 I. P. C. had been submitted against both the Appellants.