FANIL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE judgment of conviction and order of sentence dated 24.02.2009 and 25.02.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Mathabhanga, Cooch Behar, in Sessions trial No. 5 (6) 08 (SC No. 49/2005), is under challenge in this appeal. By the aforesaid judgment and order learned Trial Court found all the Appellants guilty of the offence under Section 302/34 I. P. C. and sentenced all the Appellants to suffer imprisonment for life each and to pay fine of Rs. 5,000.00 (rupees five thousand only) each I. D. to suffer R. I. for one year and being aggrieved by and dissatisfied with such judgment of conviction and order of sentence the Accuseds/Convicts filed the present appeal.

(2.) ON 20.09.2000 in the evening Ajamit Barman, his family, and some of his close relations went to a Video Hall at Haribala Hat to enjoy a film show. The Appellants called Ajamit out of the Hall during the running of the show and in response to such call Ajamit had gone outside the Hall and went away somewhere with the Appellants. After the show was over Ajamit's family returned to their house but Ajamit did not return in that night or thereafter. On query by Ajamit's wife the Appellants failed to offer any satisfactory reply regarding the whereabouts of Ajamit. Subsequently, on 23.09.2000 the dead body of Ajamit was found with marks of injuries floating in a narrow canal near the village. After such recovery of the dead body of Ajamit, Ajamit's wife Smt. Gayatri Barman submitted a written complaint at Sitalcuchi Police Station on the basis of which Sitalcuchi P. S. case No. 55/2000, dated 23.09.2000 had been initiated against the Appellants.

(3.) AFTER commitment the case had been transferred to the Court of learned Additional Sessions Judge, Fast Track Court, Mathabhanga, Cooch Behar, for trial.