DASARATHI PANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 9th January, 1990 passed by the learned Metropolitan Magistrate, Calcutta, Juvenile Court, Salt Lake City, Sector -1, Calcutta - 64 in connection with T. R. Case No. 63 of 1982 arising out of section 'M' Case No. 21 dated 30.1.81 under section 302/404 of the Indian Penal Code convicting the delinquent appellant of the offence punishable under section 302 of the Indian Penal Code and sentencing him to simple imprisonment for nine years. The period already undergone was directed to be set off. The delinquent also appears to have been charged under section 404 of the Indian Penal Code of which he was acquitted.

(2.) THE facts and circumstances of the case briefly stated are that the appellant, Dasarathi, on 29th January, 1981 came searching for the shop of Brojo and Uma both sons of Kesto Bhuinya. With the help of the local residents, he reached the shop of Brojo which was also the shop of Uma. The dead bodies of Brojo and Uma were found in the morning of 30th January, 1981 in their shoproom and the appellant was nowhere to be found. The appellant was arrested on 12th February, 1981 in the District of Bales war in the State of Orissa by the P.W.21. According to him, he found some injuries on the person of the appellant.

(3.) FROM the G.D. marked exhibit 6 it appears that on 10th February, 1981 the appellant was found loitering in front of a school in a suspicious manner. P.W.18 interrogated the appellant and searched his person whereupon he recovered a sum of Rs. 180/ -. The shirt on the person of the appellant was also bloodstained. There is no clear indication as to the further steps taken by Orissa Police. The records reveal that on the basis of a requisition from Calcutta the appellant was arrested on 12th February, 1981 and thereafter the appellant was tagged with the murder of Brojo and Uma and he has been convicted and punished as more fully indicated above.