Arijit. Pasayat, J. - (1.) These two appeals are inter linked and are therefore disposed of by a common judgment. Challenge in these appeals is to the judgment of the Division Bench of the Calcutta High Court upholding the conviction of the appellants except that the order of conviction was modified and the appellants were convicted for offences punishable under Sections 364, 302, 201 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). Seven persons faced trial before learned Additional Sessions Judge, Alipurduar. Six of them i.e. present appellants were convicted and one of them i.e. accused No. 4 was acquitted. While accused No. 2 Joy deep Neogi is the appellant in Criminal Appeal No. 1285 of 2006, Debasish Das accused No. 1 is the appellant in Criminal Appeal No. 122 of 2007. Accused Nos. 3 and 6 are pro forma respondents in Criminal Appeal No. 122 of 2007.
(2.) The prosecution version as unfolded during trial is as follows : On 6th November, 2001 Ranadip (hereinafter referred to as "deceased") son of Kr. Mallick Gupta was playing on a nearby playground of his house and as he did not return even after the usual hour, his mother and other relative started serarching for him, but without any result. At about 1.30 p. m., an anonymous telephone call was received by a neighbour wherefrom information was gathered about wrongful detention of Ranadip. When de facto complainant returned from his office, he also made a search for his son, but, without any result and ultimately the complaint was lodged with the local P. S. alleging kidnapping of Ranadip with some dishonest intention. It appears from record that on receipt of the FIR of de facto complainant, S. I. Laskar of Alipurduar P. S. took up the investigation and on 6th November, 2001 itself the present appellants were detained for a brief period in connection with the case started on the basis of written complaint of de facto complainant, but subsequently on the same date the appellants were released. On 16th November, 2001 getting information about locating of dead body of Ranadip at a place near Buxer forest on the basis of information given by appellant Debasish @ Sona and another accused Raju. On getting information about involvement of other persons in the murder of Ranadip and removal of his dead body, all the seven persons including the present appellants were arrested on 16th November, 2001 and thereafter after recording the statement of witnesses, on receipt of postmortem report of Ranadip, recovery of certain incriminating articles at the instance of the appellants and on the basis of confessional statement of accused Choton Sarkar, S. I. Laskar being the Investigating Officer of the case found a strong prima facie case against seven persons including the appellants under Section 363/364/302/201/34, IPC and on completion of investigation, charge-sheet was accordingly submitted against seven persons including the present appellants.
(3.) Accused persons abjured guilt and therefore trial was held.;