STATE Vs. DULAL HAZRA

JUDGEMENT

(1.) Mantu Mondal and Dulal Hazra, the two appellants herein, were placed on trial before the learned Sessions Judge, Howrah to answer the following charges :

(2.) On conclusion of the trial the learned Judge recorded an order of conviction against them in respect of the charges under S.302 read with S.34 and S.379 of the I.P.C., while acquitting them of the other charge. For the conviction under S.302/34 of the I.P.C. he sentenced each of them to death and for the other he sentenced them to suffer rigorous imprisonment for three years each. Aggrieved thereby the appellants have preferred the appeal which has been heard by us along with the reference made by the learned Judge under S.366(1) of the Cr. P.C.

(3.) The prosecution case, briefly stated, is as under : Sm. Dharitri Patra (P.W. 1) is the adopted daughter of late Makhan Lal Patra and the deceased Prosad Rani Patra. At the material time Sm. Patra was holding the post of an Assistant Secretary in the Finance Department of the Government of West Bengal and was residing in their three storied house at Kashipur, Dasnagar, Howrah, along with the deceased. She had temporarily engaged the two appellants for construction of a kitchen in their house. On April 5, 1984 Sm. Patra left home for office at or about 940 a.m. leaving her mother Prosad Rani behind, as usual. Before leaving she instructed the appellants to finish the work and to wait till her return so that she could pay them off for the works they did the day before and to be done on that day. At or about 5 p.m. on that day, Sandhya Ojha (P.W. 5) a part-time maid servant of Sm. Patra came to perform her usual duties in the house. To her utter surprise she found no response even after knocking the front door of the house which was bolted from inside. She then went to the rear and found the rear door also closed. With the help of a khunti taken from a nearby house she succeeded in opening the rear door. Entering the house she found the rooms in a ransacked condition but could not find Prosad Rani. Struck with fear and awe she came out of the house and fortunately found Arun Patra (P.W. 11), the natural brother of P.W. 1 going home. Along with him she again came to the house and searched for Prosad Rani. Ultimately they discovered her lying dead beneath the stair case on the ground floor. Her face and hands were found tied with a sari. Soon thereafter police officers came within a short time thereafter P.W. 1 came back from office. P.W. 1 was told of the incident by Arun and Sandhya and the former reported the matter to the police and gave details of articles mising from the house. On that report police registered a case and took up investigation.