PARIMAL BANERJEE Vs. STATE

JUDGEMENT

(1.) Parimal Banerjee, hereinafter to be referred to simply as Parimal for the sake of brevity, has come up in appeal aggrieved with the judgment of conviction and sentence rendered against him by the Sessions Judge, Hooghly in Sessions Trial No. 33 of 1980. He was charged under sections 302/34 I.P.C. and 201/34 I.P.C. on the allegation that in furtherance of common intention of himself, his mother Lilaprobha Banerjee and another Swapan Karmakar they intentionally caused the death of Manju Dutt, wife of Sudhir Dutt on 28-8-78 and caused disappearance of evidence of the offence by secreting the dead body. Lilaprobha Banerjee faced the trial jointly with Parimal and has been acquitted. Swapan has been absconding. Parimal has been convicted of both the offences under Sections 302 and 201 I.P.C. divorced from and independently of Section 34 I.P.C. He has been sentenced to life imprisonment for the first mentioned offence and to seven years R.I. and a fine of Rs.1000/- in default thereof to R. I. for one year for second offence.

(2.) For a proper appreciation of the points raised in the appeal, the case, prosecution came up with at the trial is required to be 'given in some details. Dr. Subodh Dutt has a two storied building close to the Strand, in the locality known as Hatkhola in the town of Chandernagore. The main gate of the house is on its West and opens on Kabi Bharat Chandra Road, on the East, beyond the 5ft high boundary wall of the house, flows the river Hooghly. On the ground floor of the house there are two self contained flats, one comprising the western portion having its entrance on the West and another comprised of the eastern portion having its entrance on the East. Dr. Dutt resides on the first floor with members of his family and entrance to the first floor with staircase is on the South of the house. On the North of the plinth of the building there are a water reservoir and three septic tanks; and thereafter there is the northern boundary wall 8/9 ft. high and beyond that wall there is the godown for building materials belonging to Shib Chandra Pal. The reservoir and the septic tanks are situate close to the western boundary wall and are in proximity to the western ground floor flat; the easternmost septic tank, however stands close to the door of the latrine and bathroom of the eastern ground floor flat. Ex. 13, the sketch map of the house may be seen in this connection.

(3.) Sudhir Dutt, a 53 year old Signal Inspector, employed under the Eastern Railways having his place of work at Howrah, took up tenancy in respect of the Western flat aforesaid in May 1977 and began to reside therein with his wife Manju, aged 34 years at the time of her, death, son Soumitra (P.W. 4) reading in a school aged about 14 years then and a daughter Snigdha (P.W. 7) also reading in a school and 12 years old at the time. Sudhir Dutt used to leave the flat around 7 A.M. on week days to attend his Workshop and return around 7 P.M. Soumitra used to leave for school around 9.30 A.M. and return at 4 P.M. and Snigdha used to leave for her school at 8.30 A.M. and return at about 3 P.M. From 9.30 to 3 P.M. Manju used to live all alone in the flat.