RABI SARKAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction and sentence dated 19.1.2000 passed by the learned Additional Sessions Judge, Dakshin Dinajpurat Balurghat in Sessions Trial No. 18 of 1999 (Sessions Case No. 82 of 1999) thereby convicting the accused Appellant under Ss. 376/302/201 of the Indian Penal Code and sentencing him to suffer imprisonment for life.

(2.) The prosecution case, in short, is that on the basis of a complaint lodged by one Madan Karmakar a case was registered with Gangarampur Police Station on 11.1.99 under Sec. 364 of the Indian Penal Code against accused Rabi Sarkar @Dilip @ Chika. In the FIR, it was alleged that when victim Laxmi Singh aged about 6 years daughter of Late Nikhil Singh on 10.1.99 at about at about 6 P.M. was gossiping in the house of one Sagari Karmakar (P.W. 7) by wrapping her body with an old saree, the accused Rabi Sarkar came there and snatched away that saree from Laxmi Singh and ran away, victim Laxmi followed the accused on crying and demanding that saree from him. Since then victim laxmi was missing. This incident was noticed by Sagari Karmakar (P.W. 7), Anita Karmakar (P.W. 2) and one Babun Karmakar. Victim did not return to her house on that night and accused Rabi Sarkar was also found absent his house.

(3.) On the following morning at about 6 A.M. Bhuni Karmakar, mother of the informant found the accused Rabi Sarkar in the house of one Rabi Karmakar and asked him about victim Laxmi. But the accused replied that Laxmi had returned to her house. The informant along with his mother and the accused Rabi Sarkar went to the house of one Shibu Saha and thereafter to the house of one Sushil Karmakar. When victim Laxmi could not be traced out, they all returned to their house. The wife of the informant at that time noticed one blood stain on the sweater of accused Rabi Sarkar and when she asked about that mark of blood on the sweater, the accused could not give any reply and left that place. When the incident was narrated to one Krishna Karmakar (P.W. 8) and Govinda Karmarkar (P.W. 6) the accused fled away from village Samarapalli.