THE STATE OF WEST BENGAL Vs. DEBABRATA DAS

JUDGEMENT

(1.) We are hearing the death reference and appeal together arising out of Contai P.S Case No. 33 of 2014 dated 25.01.2014 which culminated into G.R Case No. 107 of 2014 of the Additional Chief Judicial Magistrate, Contai. Ultimately, the said G.R case became S.T No. 2 (8) of 2014 which was disposed of by the learned Additional Sessions Judge, Contai, within the district of Purba Medinipur in that Sessions Trial and the learned Court convicted the present accused in respect of the charge under Sec. 302 of the IPC and sentenced him to death. The accused has preferred an appeal being CRA No. 520 of 2015 and the proceedings of that Sessions trial was also submitted by the Trial Court for confirmation of the death reference.

(2.) The case which went for trial can be stated in brief thus. One FIR was lodged by Maheswar Mondal, a member of Mukundapur Gram Panchayat situate within Dulalpur Gram Panchayat and PW 3 was the Upa -Pradhan of that gram panchayat and PW 2 was the 'Kormadhyaka' of that panchayat samity. Village Mukundapur was within the electoral jurisdiction of PW 2. The complaint gave rise to Contai P.S case No. 33 dated 25.01.2014 and the case was registered under Sec. 302 of the IPC.

(3.) In the FIR it was alleged that on 25.01.2014 at about 2.30 -3.00 pm a heinous crime took place in front of the house of Anukul Das and the de facto complainant came to know about such brutal incident from the local people and thereafter he went to the place of occurrence that is the house of Anukul Das where four dead bodies were found lying on the ground with bleeding injuries and covered by one polythene sheet. It was further stated in the FIR that the accused Debabrata Das who is the brother of that Anukul Das had committed such crime with a sharp cutting weapon and by repeated strokes had killed his mother Urmila Das, his full -brother Anukul Das, wife of Anukul Das i.e. Moushoumi Das and the daughter of Anukul Das i.e. Moushree Das and thereafter fled away riding on the motor cycle belonging to Anukul Das, the deceased. Apart from this FIR, four UD cases of the said police were started being UD Case No. 15/14 dated 25.01.2014, 16/14 dated 25.01.2014, 17/14 dated 25.01.2014 and 18/14 dated 25.01.2014 were started. Inquest examinations were done on the dead bodies of the four victims by ASI Raghabendu Ghosh (PW -10) and he forwarded those four dead bodies to be taken to the Contai S.D. Hospital for post -mortem examination through constable Bharat Chalak (PW -11). Postmortem examination was conducted by Dr. Bidhan Chandra Sarkar (PW -12) of the said hospital.