- (1.) These two appeals arise out of a common judgment and order dated. 11.2.2005 passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Siliguri in Sessions Trial No. 03 /04 arising out of Session Case No. F.T.C./05/04 convicting the appellants namely, Hira Routh, Khogesh Bansfore and Dilip Mallick for the offences punishable under Sections 302/ 201/34 of Indian Penal Code.
(2.) The appellants were heard on the question of sentence on 11.2.2005 and thereafter by an order passed on the same day, they were sentenced to suffer imprisonment for life for the offences punishable under Sections 302/201/34 of Indian Penal Code. Being aggrieved by the judgment and orders of conviction and sentence passed by the learned trial Court, the appellants herein have preferred the present appeals separately. Prosecution version as unfolded during trial in a nutshell is as follows:- On 03.02.2004 at about 13.15 hours one beheaded body was found, lying in the Chandmuni Tea Garden area near Himachal Behar Abasan Project; that one Bhupendra Nath Sinha (P.W. 12) lodged a written complaint at Matigara P.S.; that the appellants were arrested on 3.2.2004 and leading to their statement showing a place on 4.2.2004 the cut head of the beheaded body was recovered from the land of Chandmuni Tea Garden which was wrapped with the wearing apparel of the deceased Sambhu Mallick; that the cut head was kept concealed with soil and dry leaves in the garden drain near the place of occurrence where the beheaded dead body was recovered on 3.2.2004 and the cut head was identified by the relatives of the deceased and others at the place of occurrence.
(3.) The investigating agency after registering the case on the basis of written complaint of P.W. 12 took up investigation. During investigation, the Investigating Officer visited the place of occurrence, prepared sketch map of the place of occurrence, conducted inquest on the beheaded body and cut head of the deceased, examined the available witnesses, recorded their statements and collected the post mortem examination report of the beheaded and cut head of the deceased. In the usual course after completion of investigation, the Investigating Officer P.W. 18 submitted charge sheet against the appellants under Sections 302/201/34 of Indian Penal Code.;