LAWS(CAL)-2008-5-65

GANESH GHOSE Vs. STATE OF WEST BENGAL

Decided On May 15, 2008
GANESH GHOSH Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal directed against a judgement dated 15th December, 1999 passed by the learned Additional Sessions judge, Nadia, 2nd Court, Krishnagar in Sessions Trial No. 1 (November)of 1999 arising out of Sessions Case No. 5 (10) of 1999 convicting the appellant under section 364 of Indian Penal Code and an order dated 16th december, 1999 by which the convict was sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-, in default to suffer further simple imprisonment for a period of one year.

(2.) THE facts and circumstances of the case briefly stated are that on 2nd March, 1999 at about 9. 00 A. M. in the morning the appellant Ganesh ghosh took away Ombar alias Ombar Ali on the pretext of an urgent piece of business. Omar thereafter did not come back. His beheaded deadbody was recovered on 4th March, 1999 from the field of Gira Burman where the inquest was held. The inquest report goes to show that the beheaded deadbody was lying at a distance of 5-6 cubits where the severed head of the deceased was lying. The accused Ganesh was charged under section 364 of the Indian Penal Code. He claimed to be tried. He was tried, convicted and sentenced. He came up in appeal before this Court.

(3.) FROM the evidence of the P. W. 1, Wajir Mondal, a younger brother of the deceased Ombar it appears that on 17th Phalgoon, which was a day of holi festival, the accused called at the house of the victim and took him away on the pretext of an urgent piece of business. When the victim did not come back searches were conducted. The P. W. 1 went to the house of the accused Ganesh which was found under lock and key. On a second attempt by the P. W. 1 to find out Ganesh, the former met with the same result. The P. W. 1 came across a rumour that a deadbody was lying in field at Tegharia. The P. W. 1 went in search of the deadbody which was soon thereafter discovered.