SUDHIR MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Death reference bearing No. 2 of 2006, Criminal appeal bearing No. 647 of 2006 and Criminal Appeal bearing No. 671 of 2006 arose out of a common judgement and order dated 28th August, 2006 and 29th August, 2006 passed by Biswanath De, Additional District and sessions Judge, Fast Track Court, Jhargram in Sessions Trial No. XVIII of may, 2006 convicting the appellants under Sections 264, 302 and 201 of the Indian Penal Code by the order dated 29th August, 2006. All the appellants were punished with imprisonment for life for the offence punishable under Section 364. The appellants were inflicted death sentence for the offence punishable under Section 302 of the Indian Penal Code and they were also sentenced to suffer rigorous imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code. The death reference has naturally been made for confirmation of the death sentence. The Criminal Appeal No. 647 of 2006 is at the instance of the accused Sudhir Mahato and the Criminal Appeal No. 671 of 2006 is at the instance of Birbal Mahato and Prabir @ Buro Mahato. The facts and circumstances of the case briefly stated are as follows : on 8th September, 2005 Tarapada Mahato son of Ajit Mahato allegedly went out of his house at 12. 00 p. m. in the night for the purpose of irrigating the field. He did not come back, On 9th September, 2005 at about 10. 35 hours in the morning Ajit Mahato, P. W. 1 father of Tarapada Mahato, lodged a missing diary bearing No. 240 (marked as Exhibit 7) which reads as follows : "10. 35. 240 Person missing by this time one Ajit Mahato s/o Lt. Gobinda, Salboni, P. S. Lalgarh called at the P. S. and reported that his son Tarapada Mahato, Age-30 years, Height 5' 7", complexion-Black. Builtmedium, wearing black half pant and vest, one mole in the left side nose, has found missing since 8/9/05 night from paddy-field i. e. his son Tarapada Mahato went to paddy-field on 8/9/05 about 12. 00 hrs. but not returned till now. Noted the fact in G. D. and sent R. T. M. to all 1/c's/o/c's of Midnapore (West) District and O/c M. P. R. Mdp (w) for taking N/a. "

(2.) ON 10th September, 2005 at about 15. 20 hours the aforesaid Ajit mahato lodged an F. I. R. a translated version whereof reads as follows :-"i, Sri Ajit Mahato, s/o. Late Gobinda Mahato, village Salboni, p. S. , Lalgarh, Dist. West Midnapore, am to inform you that around midnight (12 a. m.) on 08. 9. 05 my eldest son Tarapada went out to water the field. He did not return home thereafter. Regarding this, I lodged a missing diary No. 240 dt. 09. 9. 05 at your P. S. Thereafter I along with my relatives and villagers carried out searches and made enquiries and came to know that my son Tarapada had served as a driver of the trekker of Birbal Mahato S/o Bankim mahato of our neighbouring Chhoto Salbani village for some 2-3 years. About 6 months ago he quit the job (of driving the trekker) over a quarrel regarding (his) salary. When Tarapada used to drive Birbal's trekker, almost everyday he would have his meal at the place of Birbal and would stay there for the night. This led to my son Birbal getting into a love affair with Birbal's wife Smt. Kalpana Mahato @ Nilima. For this Birbal used to threaten to kill my son Tarapada. About four months back, the abovenamed Birbal mahato beat my son Tarapada black and blue and left him on the field. My son told me about this after he recovered. But I did not inform the P. S. about this as he resented. I firmly believe that the abovenamed Birbal Mahato and his cousin prabir Mahato @ Bura, s/o Sri Banshi Mahato, Vill. Chhoto Salboni conspired to abduct my son Tarapada in order to kill him. Therefore, Sir, I request you to investigate the matter and take proper steps against the culprits. "

(3.) IT would appear that in the written complaint made by P. W. 1 the following allegations were made :-