NANDALAL DAS @ NANDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 6th November, 2003, the Beliaghata Police Station received an anonymous telephone call that a card board carton with a dead body in it was found near the Chaul Patti Road alongside Beliaghata canal. The S.I., who received the phone call, went to the spot and found a Samsung T.V. carton. A dead body was kept inside that box. The legs were amputated at the knees. The box was covered by a nylon gunny bag and the deceased was wearing a white shirt, half sleeve vest and a checked lungi. A gamcha was placed on the body. The lower limbs were found near the body. The police officers completed the requisite formalities after making the seizure. The written complaint was filed by S.I., Ujjal Roy, in which he mentioned the description of the body found in the carton. The body was photographed and sent for post mortem examination. Since there was no claimant of the body, a notice was published in a Hindi daily newspaper on 12th October, 2003 with the photograph of the deceased. On seeing this notice, one Brahmadeo Das PW 19 informed the police that the deceased was Mitan Das and was his brother-in-law. The investigation was transferred to the Homicide Squad of the Detective Department. Ultimately the investigation led to the arrest of the appellant herein on 15th November, 2004, almost a year after the body was found.

(2.) The appellant was tried by the Additional District and Sessions Judge, 2nd Fast Track Court, Sealdah, South 24 Parganas, in Sessions Case No.63(4) of 2005. The charge framed against him was under Section 302 read with Section 34 of the IPC. The Trial Court has convicted the appellant and sentenced him for having committed an offence punishable under Section 302 read with Section 34 of the IPC and Section 235 of the Cr.P.C. He has been sentenced to suffer imprisonment for life with a fine of Rs. 5000/-, in default of payment of fine he has been sentenced to suffer further imprisonment for one year.

(3.) The charge framed against the appellant is that on 6th November, 2003 at about 7.35 a.m. he and his associate Binode Das in furtherance of their common intention murdered Mitan Das by throttling him after amputating both his legs below the knee joints. Binode Das has been absconding and was not tried.