PRAFULLA CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal arises out of a judgment and order passed by learned Sessions Judge Raiganj, Uttar Dinajpur convicting the sole appellant Prafulla Das under Section 302 / 201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life. The appeal was heard by a Division Bench of this Court and Learned Judges were divided in their opinion as to the conclusion of guilt of the appellant and accordingly the appeal is now placed before this bench for its decision on that score.

(2.) The prosecution case in short is as follows:- On July 31, 1995 at around 00.15 hrs. the appellant came to the Raigang Police Station and reported that on the previous day i.e. on July 30, 1995 at 1.30 pm, the appellant who was in the service of PWD Department, Government of West Bengal went to his office and his duty hours was from 2 pm to 10 pm. His family comprised of his 3 sons, 2 daughters and his wife. At around 10.30 pm on that day after office hours, when he returned home, his sons and daughters reported that his wife Rekha Rani Das on Saturday i.e., on July 29, 1995 at about 4 pm went to the field for grazing cows and since then she has not returned home and his sons and daughters searched for her but she could not be traced out. On the same night the appellant along with the other members of his family searched in the village for his wife but she could not be traced out. Thereafter his father-in-law and brother-in-law was informed about her missing, who came and joined for searching. After continuous searching the dead body was found floating in a nearby tank. The police came and recovered the dead body and found she appeared to have been killed.

(3.) Following the lodging of the aforesaid complaint, a FIR under Section 302/201 I.P.C was registered against unknown person. During investigation police found that the appellant is the author of the crime and he was charge sheeted under Section 302 / 201 I.P.C and placed on trial.