GULAI SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 30.01.2009 and 02.02.2009 passed by the learned Additional Sessions Judge, Fast Tract 2nd Court, Kandi, Murshidabad, in Sessions Trial No. 4 of September, 2007, convicting the Appellants of the charges under Section 364/302/201/34 I.P.C. and sentencing the Appellants to suffer R. I. for life and to pay fine of Rs. 10,000.00 (rupees ten thousand only) each, I.D. to suffer S. I. for 6 months more for the offences under Section 302/34 I. P. C. No separate sentence has been passed for the other charges.

(2.) The facts leading to the original case and subsequently the present appeal ,as well, in short, are as follows:-

(3.) On 05.01.2007 one Ispat Sk. submitted a written complaint before the Bharatput P.S. in the District Murshidabad and alleged thereby that on 03.01.2007 the present Appellants came to their house, called his father Mantu Sk. out of their house with a view to enjoy liquor together in the bank of the river Quea nearby, and thereafter his father never returned to their house. The aforesaid defacto complainant and some of his family members searched in the locality for the defacto complainant's father and during such search the Appellants failed to offer any satisfactory explanation for the sudden disappearance of the defacto complainant's father. Subsequently in the morning of 05.01.2007 some wearing apparels and other articles, as well, belonging to the defacto complainant's father was found lying in the bank of the river Quea flowing by the side of their village. It was, therefore, suspected that the Appellants who had taken away Minto Sk. with them out of the house of Mintu Sk. had committed the murder of Mintu Sk. and tried to cause disappearance of the evidence of murder. Thus, Bharatpur P. S. Case No. 3 of 2007 dated 05.01.2007 under Section 364/34 I. P. C. had been started against the Appellants on the basis of the aforesaid complaint by Ispat Sk. Subsequently the dead body of Mintu Sk. had been recovered from the bank of the river Quea and thereafter Section 302/201 I. P. C. had been added in the case and after completion of investigation charge sheet under Section 364/302/201/34 I. P. C. had been submitted against all the three Appellants namely Gulai Sk. Swapan Das and Bidhan Das.