SALIL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 22nd May, 2003, and 23rd May, 2003, passed by Sri T. K. Gupta, Learned Additional Sessions Judge, 1st Court, howrah, in Sessions Trial Case No. 178 of 2002 convicting the appellants under sections 302 and 201 of the Indian Penal Code read with section 34 thereof. By the order dated 23rd May, 2003, both the convicts appellants were sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- each in default to undergo further rigorous imprisonment for a period of two years for the offence punishable under sections 302 of the IPC read with section 34 of the IPC. No separate punishment for the offence punishable under section 201 of the IPC was, however, inflicted.

(2.) THE case of the prosecution briefly stated is that on 21st May, 2002 the accused Salil Das and the accused Mahela Bibi along with her husband the deceased Fakir came to the house of Sufal Sarkar. After taking dinner, these three persons went to sleep at the roof of the house of PW-1, Sufal Sarkar. PW-1 Sufal Sarkar is the husband of the sister of the accused Salil Das. In the dead of the night Sufal Sarkar allegedly was informed by his wife Bani, PW-2, that her brother Salil das and the accused Mahela Bibi had murdered Sk. Fakir and the body was thrown into the adjoining pond called "hatpukar". Sufal Sarkar, thereafter, informed the police. The police came and the body was recovered. Both the accused persons made extra-judicial confession that they had committed the crime. Both the accused were charged under section 302 read with section 34 of the Indian Penal Code and under section 201 of the Indian Penal Code read with section 34 of the Indian Penal Code. The learned Trial Judge convicted the accused persons under both the charges levelled against them.

(3.) MR. Kamal, the learned Advocate, appearing for the appellant, submitted that this is one of those rare cases where the police in collusion with the PW-1 who is an influential person inflicted greatest possible harm to the accused persons who, according to him, are wholly innocent. The police has been instrumental, according to him in fabrication of the record and securing a judgement on the basis of untrue and incorrect evidence. He submitted that not only the conviction should be set aside but adequate compensation should also be granted by this court for respectable rehabilitation of the accused in the society who are victims of false implication.