JHARU MONDAL Vs. STATE

JUDGEMENT

(1.) In this Appeal the conviction of the Appellants in respect of the charges of Sections 30? and 364 of the Indian Penal Code forms the subject-matter of consideration, which has been passed by the learned Fast Track, Second Court, Krishnanagar in Sessions Trial No. 2(7)2002 on 28,3.2003 thereby sentencing both the Appellants in respect of the charge under Section 302 of the Indian Penal Code to suffer imprisonment for life and to pay a fine of Rs. 3,000/- in default, to suffer further rigorous imprisonment for six months. No separate sentence in respect of the charge of Section 364 of the Indian Penal Code was however passed.

(2.) Pursuant to a charge-sheet, submitted by P.W.10 the Investigating Officer the Appellants were directed to answer the following charges : Firstly, "That in furtherance of common intention all of you, on or about the 20th day of March 2000 at 00 hours of night at Ramnagar P.S.-Tehatta, Nadia, Kidnapped Nanda Rani Mondal in order that the said Nanda Rani Mondal might be murdered and thereby committed and offence punishable under Section 364/34 of the Indian Penal Code." Secondly, "That in furtherance of common intention of all you, on or about the 20th day of March, 2000 at 00 hours P.S. Tehatta, Nadia, did commit murder by intentionally causing the death of Nanda Rani Mondal and thereby committed an offence punishable under Section 302/34 of the Indian Penal Code."

(3.) Having pleaded not guilty the Appellants were put up on Trial which saw the Prosecution examining 10 witnesses in its support.