SUKUMAR DAS Vs. STATE

JUDGEMENT

(1.) The appeal has been directed against the conviction and sentence under section 302 IPC passed by the learned Judge Spl-cum-Additional District & Sessions Judge, Cooch Behar in Sessions Trial No.2(7) of 2000.

(2.) Following recovery of a decomposed body of an elderly lady from beneath the earth, Tufanganj Police Station recorded a case under section 302/201 IPC. The prosecution case, as reflected in the FIR was to the effect that since the whereabouts of an old lady called Khukibala Das could not be found after 29.01.95, the villagers thought that she had perhaps gone to nearby area for practising "Kabiraji". Meanwhile, Sukumar Das and other members of the family took away her household articles and cow to their house. Thereafter, they all started cultivating the land of Khukibala Das. Fleeting suspicion having developed, the villagers started interrogating Sukumar Das and other members of his family. They, however, could not give any plausible explanation for the disappearance of Khukibala Das. The village Pradhan was called. The appellants were further interrogated in presence of the Pradhan of the village. Eventually, the appellants confessed having murdered their aunt on the night of 29.01.95 for the purpose of grabbing her properties.

(3.) In the wake of such startling disclosure made by the appellants, the local police station was informed. On the identification of the appellants, the decomposed deadbody of Khukibala Das was recovered in presence of the Executive Magistrate and the local police officers. The inquest of the deadbody was done without further wastage of time. The deadbody, though decomposed, was sent for post-mortem examination. The Investigating Officer went on examining the persons having witnessed the recovery of the deadbody on the identification of the appellants. The persons having heard the appellants making confession were also examined. On examination of the material witness and collection of important papers, the chargesheet was submitted.