BAMDEB CHAKRABORTY @ PINTU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 27.11.2012 passed by the learned Additional District & Sessions Judge, Fast Track Court, Kakdwip, South 24 Parganas in Sessions Trial No.2(2)08 arising out of Sessions Case No.4(7)07 convicting the appellant for commission of offences punishable under sections 364, 302 and 201 of the Indian Penal Code (IPC) and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for 6 months for commission of offence punishable under Section 364 IPC, to suffer rigorous imprisonment for life and pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment of 6 months for commission of offence punishable under Section 302 IPC and to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 500/-, in default to suffer further rigorous imprisonment for 3 months for commission of offence under Section 201 of the Indian Penal Code. All the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellant is to the effect that 3.4.2007 at 7.30 P.M. Swapan Halder, the father of the victim Biswajit Halder was informed by his wife that his son had gone out to play around 4 p.m. and had not returned. Hearing this, Biswajit went out to search for his son and at Sitalatala More a tea stall owner, Kalpana Patra (P.W. 10) told him that she had seen the appellant taking his son in a bicycle towards Gangadharpur at 4.45 P.M. A rickshaw puller, Gourhari Das (P.W. 11) also corroborated such fact. He informed the matter to his brother-in-law Sandip Mondal (P.W. 14). Both of them went to Haribazar. Rampada Manna, a co-student of the victim, informed P.W. 1 the appellant had given Rs. 1/- to his son while he was going to school. The appellant did not give any cogent answer when he was queried about the whereabouts of the victim. Written complaint was lodged by P.W. 1 resulting in registration of Kakdwip PS Case No.53 dated 04.04.2007 under Section 364 IPC. The appellant was arrested and upon interrogation he admitted his guilt and stated that he could show where he had thrown the dead body of the victim in the river. On 4.4.2007 the police party along with the appellant and others went to search the river and the dead body of the victim was found floating in the river. On further statement of the appellant a torn piece of saree, wearing apparels of the appellant and a bicycle were recovered from his residence. In conclusion of investigation, charge sheet was filed under Section 364/302/201 of the Indian Penal Code. The case was committed to the Court of Sessions and thereafter to the Court of Additional Sessions Judge, Fast Track Court, Kakdwip, South 24 Parganas. Charges were framed under the aforesaid provisions of law. The appellant pleaded not guilty and claimed to be tried.

(3.) In the course of trial, prosecution examined 26 witnesses and exhibited a number of documents to prove its case.