- (1.) Appellant herein Haru Ghosh has come up by way of this appeal, challenging the judgment of the High Court, whereby, the High Court confirmed the verdict of conviction, as also the death sentence awarded by the Sessions Judge. Appellant was tried for having committed murder of one Anima Pramanik, aged about 30 years and her son Subhankar Pramanik @ Kebal, aged about 12 years. He was also tried for the offence under Section 307-326 of the Indian Penal Code (hereinafter referred to as "IPC" for short) for attempting to murder one Jeevan Krishna Chakraborty, aged about 60 years.
(2.) The prosecution case was that on 7.5.2005, at about 11.15 hours, a telephonic message was received by N.C. Mondal (PW-37), an Assistant Sub-Inspector of Nawadeep Police Station, informing that between 10.45 Hrs. and 11.10 hrs. on that day, one Haru Ghosh S/o Mohan Ghosh, staying at Ramchandrapur Ghoshpara assaulted three persons of the said village by a sharp cutting dao and also tried to assault others and for that, the police help was immediately needed. The message was recorded in the General Diary vide Entry No. 300. One Shri Amitava Ghosh (PW- 39), Inspector-in-Charge, reached the spot immediately at about 11.25 hours. The said message was sent by Samir Ghosh (PW-1), who narrated the incident to them. The bodies of a female and a male child were lying near the tubewell of the house of the victims. On this basis, the further investigation was taken up. It came out from the complaint of the complainant Samir Ghosh (PW- 1) that he had heard some cries from the house of the deceased and rushed only to find the appellant/accused strangulating Subhankar Pramanik. On the intervention of the complainant, Subhankar was released from the clutches of Haru Ghosh and he was bleeding, therefore, Anima (mother of Subhankar) took him to the nearby tubewell and was pouring water on his face. It further came out that while she was pouring water, at that time one Shyamal Ghosh, a neighbour, was watching the incident with a dao in his hand. Haru snatched the dao from Shyamal and started assaulting Subhankar and Anima with that dao, as a result of which both of them collapsed on the ground with severe bleeding injuries. Thereafter, Haru ran away with the dao and only after few minutes later, the informant-complainant Samir Ghosh (PW-1) came to know that Haru had also gone to Jeevan Krishna Chakraborty's house and hacked him and also to the house of one or two others and had injured them with the aforesaid dao. Prosecution collected the statements of the witnesses, who were Samir Ghosh (PW-1), Sabitri Ghosh (PW-2), Adhir (PW-8) and wife of Adhir namely Bandana (PW-3). It came out from the statements that these persons had intervened when Subhankar was assaulted by Haru and had rescued him. The statement of one Atasi Ghosh (PW-5) and Shyamal Ghosh (PW-6) was also collected. One Namita Ghosh (PW-4), a neighbour, was also questioned by the investigating agency, as also Sikha (PW-10), who was none else, but the daughter-in-law of Jeevan Krishna Chakraborty, who was a member of Gram Panchayat.
(3.) It transpired further that Jeevan Krishna Chakraborty though was assaulted severally; his statement also came to be recorded. The statements of some others present in the house of Jeevan Krishna Chakraborty were also collected by the prosecution. Thus the prosecution collected the statements of about 36 witnesses. On this basis, the charge sheet was filed.;