BISWAJIT PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant four appeals are taken up for hearing together since these four appeals arise out of a common judgement of conviction and order of sentence. Accordingly, we also propose to dispose of the instant four appeals by passing a common judgement since identical questions of facts and of law are involved in these four appeals. In these four appeals the judgment of conviction dtd. 24/9/2008 and two separate orders of sentence dtd. 26/9/2008 and 18/11/2008 as passed by learned Additional Sessions Judge, Fast Track Purba Mednipur at Tamluk in S.T case no.108(3) of 2004 arising out of GR case no.649 of 1998 in connection with Bhagwanpore P.S Case no.49 of 1998 dtd. 21/9/1998 has been impugned. By the impugned judgement learned trial court found the four charged accused persons guilty of the offence under Ss. 302/34 and Ss. 302/120B IPC and thus all the four accused persons are sentenced to suffer R.I for life each and to pay fine of Rs.10,000.00 each i.d to suffer R.I for another one year each for the offence committed by them under Ss. 302/34 IPC. Learned trial court has however not passed any separate order of sentence as against the four convicts for the offence committed by them under Ss. 302/120B IPC. The aforesaid convicts thus felt aggrieved and preferred the captioned mentioned appeals.

(2.) For effective disposal of the instant four appeals the facts leading to the initiation of the aforesaid trial is required to be dealt with in a nutshell.

(3.) One Smt. Kanak Pal, wife of Sudhanshu Sekhar Pal of village Banudia, Bhagwanpore, District Mednipur lodged a written complaint dtd. 21/9/1998 with the Officer-in-charge, Bhagwanpore P.S stating inter alia, that on 20/9/1998 at about 6/6:30 p.m his son Sankar Prasad Pal went to the main road near to her house and even after lapse of several hours thereafter, he did not return. Vigorous search for the missing person was made and at that time two married women of the locality found an envelope in front of the house of the informant and on opening and reading the letter in the said envelope, the informant came to learn that his said son had been kidnapped and the miscreants demanded a sum of Rs.70,000.00 towards ransom. On the basis of such written complaint Bhagwanpore P.S Case no. 49 of 1998 dtd. 21/9/1998 under Ss. 365/347/386/34 IPC was started. Investigation was taken up and on completion of the same charge sheet was submitted under Ss. 364/302/201/386/120B against all the four accused persons.