- (1.) This appeal by special leave arises out of an order passed by the High Court of Judicature at Calcutta whereby the conviction of the appellant for offences punishable under Sections 302, 364 and 201 of the IPC and the sentence of life imprisonment awarded to him have been affirmed. Briefly stated the prosecution case is as under:
(2.) Asit Kumar Mondal, Sub-Inspector of Police was at the relevant point of time attached to Jhargram Court. His family comprised his wife and a son named Snehasish Mondal @ Babusona aged about 10/12 years residing at 'B' Block of Thana Quarters' Complex at Ghoradhara, Jhargram. In the same complex, lived the appellant, whose father was also working as a Sub-Inspector of Police and was at the relevant time posted at Beliabera Police Station. According to the prosecution, the deceased Snehasish Mondal was friendly with the younger brother of the appellant and would usually play cricket with him in a park situate behind the residential quarters and by the side of the BDO office. A few days before the incident in question, the deceased is alleged to have come to the house of the appellant to collect a cricket bat and ball for play in the park mentioned above and seen the appellant in a compromising position with Mangala Deloi, PW10 aged about 20 years who was then working as a maid- servant in the house of the appellant. The prosecution case is that the appellant apprehended loss of face in the locality on account of a possible disclosure of his involvement with his maid-servant which according to the prosecution was the motive for silencing the innocent boy for all times by killing him in cold blood.
(3.) On 12th of July, 1998, the deceased as usual went to play in the park but did not return home by the evening. The parents of the deceased panicked and started a search for the deceased which went fruitless. Asit Mondal, PW1 then lodged a missing report at the Jhargram Police Station who announced the disappearance of the boy in the locality on the public address system. According to Asit Mondal, in the course of the search for the missing boy he came to know that he was seen talking to the appellant and then going with him towards Kanchan Oil Mill on the latter's bicycle. When the appellant returned to his quarter at 9.00 p.m. without his bicycle he was questioned about the whereabouts of the deceased and the fact that he was seen taking the boy towards the Kanchan Oil Mill but the appellant denied the same. About the bicycle the appellant stated that he had handed the same over to one of his friends.;