GANESH Vs. THE STATE

JUDGEMENT

(1.) Judgment and order dated 12.03.2001 passed by the learned Additional Sessions Judge, 1st Court, Midnapore in Criminal Appeal No.1 of 1999 affirming the judgment and order dated 21.12.1998 passed by the learned Assistant Sessions Judge in ST Case No.XXXIII of Jan, 1998 and thereby modifying the judgment and order of conviction of the petitioner from Section 364 of the Indian Penal Code to Section 365 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs.1,000/-, in default to suffer simple imprisonment for six months has been assailed.

(2.) Prosecution case, as alleged, against the petitioner is to the effect that on 21.06.1988 the petitioner had taken the victim, namely, Jogeswar Das, being the father of the de facto complainant, from his residence to Calcutta. Thereafter, the victim did not return and a missing diary was lodged. Subsequently, the de facto complainant came to know from one Bijoy Kumar Das (PW.4) that the victim along with the petitioner had been seen travelling in a bus towards Contai. It was further alleged that one Brajendra Pal (PW.2) told the de facto complainant that the petitioner had confessed to him that he had killed the victim by hired goons as he had misused his money.

(3.) Pursuant to investigation, charge-sheet was filed in the instant case under Section 364 of the Indian Penal Code and charge was, accordingly, framed.