- (1.) In Sessions Case No. 97 of 2005 [Sessions Trial No. 1(12) of 2005] the Appellant-accused was charged for having committed an offence punishable under Sections 302/394 of the IPC and by judgment and orders dated 15.09.2008, 18.09.2008, 20.09.2008 and 23.09.2008 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Bichar Bhawan, Kolkata, the Appellant-accused was found guilty of having committed an offence punishable under Sections 302 IPC and was sentenced to death by ordering to be hanged by neck till death. The Appellant-accused has also been found guilty of having committed an offence punishable under Section 394 of the IPC and sentenced to suffer imprisonment for life with a direction that the sentence of the offence punishable under Section 394 IPC would cease to have any effect in case the sentence of death under Section 302 IPC is confirmed by the High Court. This appeal is directed against the sentence of death and imprisonment for life. Along with the appeal we have also taken up the reference made by the trial court for confirmation of the sentence of death.
(2.) The Appellant-accused Pancham alias Kebal Rai was engaged as domestic servant by Tara Chand Banka and Sarda Banka who were residing at flat No. 8, 7th floor, Mansarabar Building, Camac street, Kolkata and the Appellant-accused was given accommodation in passage part of the said flat. On 18.04.2005 at about 8:30 to 8:45 A.M. Suresh Kumar Banka (P.W. 3), son of Tara Chand and Sarda Devi Banka received a phone call from Mr. Ashoke Jhunjhunwalla (P.W. 7), a neighbour, that the masseur, Rajendra Prasad Gupta (P.W. 8) had been pressing the calling bell of his father's flat but there was no response. On receiving the said information Suresh Kumar Banka (P.W. 3) tried to contact his parents over the telephone but as there was no response, he along with his relatives rushed to the flat of his parents in Mansarabar Building. He along with others tried to call his parents and the Appellant-accused Pancham by his name but there was no response to the repeated calls. The entrance door of the flat was forced opened and on entering the flat they saw Tara Chand Banka lying with bleeding injuries on his body in the drawing room and Sarda Devi Banka was lying with bleeding injuries on the bed in the bedroom and the blood has spurt on the walls, curtains, floors of various rooms. The two almirahs in the bedroom were open and ransacked, empty jewellery boxes and other articles were lying on the floor and a frying pan was found on the bed of Sarda Devi Banka. They saw a blood stained knife and a swing hook in the kitchen. They also noticed valuables and cash missing along with the cell phones of Tara Chand Banka and Sarda Devi Banka. The Appellant-accused Pancham alias Kebal Rai was not there. Police were informed and Dr. B. K. Kochar (P.W. 19), family physician, was called. Sub-Inspector Jayanta Chakraborty and police officers of Shakespeare Sarani Police Station reached the scene of occurrence. Dr. B. K. Kochar examined the dead bodies of Tara Chand Banka and Smt. Sarda Devi Banka and declared them to be dead. Police recorded the statement of Suresh Kumar Banka (P.W. 3) which was treated as first information report (Exbt. 4). The Police Officers prepared the scene of occurrence panchnama, dead bodies of Tara Chand and Sarda Devi Banka were sent for postmortem examination, fingerprint experts were called and seizure list from place of occurrence came to be prepared. The statements of witnesses were recorded. In course of investigation it was found that the Appellant-accused Pancham has left the building in the early morning along with a bag. Therefore, the police suspected him to be the person who might have committed the murder of Tara Chand and Sarda Devi Banka and has stolen away valuables and cash from the flat. The police, thereafter, started search of the suspect. On 15.05.2005 S.I Makhanlal Gupta (P.W.22) of Anti-dacoity and rubbery squad, D. D. Lalbazar informed the Investigating Officer that the Appellant-accused Pancham has been arrested by him on 14.05.05 from Simultala P.S. area and that he is detained in central lockup, Lal Bazar. The Police Officer investigating the case took the Appellant-accused Pancham in their custody and on 16.05.05 specimen fingerprint of the Appellant-accused Pancham was collected. In course of investigation, the Appellant-accused volunteered to make statement, pursuant to which the police left for Simultala, Bihar. From there, the police Officers and witnesses were taken to Ghorparan village of Simultala, Bihar and the police were successful in discovering part of the ornaments and articles belonging to the deceased on 20.05.05 and a black coloured self-designed rexine bag. The Investigating Officer after completing the investigation, filed charge sheet against the Appellant-accused for having committed offence punishable under Sections 302/394 of the IPC. The case was committed to the Court of Sessions.
(3.) In reply to the charge the Appellant-accused pleaded not guilty and claimed to be tried and took the plea that on 17.04.05 at or about 5 P.M. he had already left the flat for going to his native place and that he is innocent and has been falsely implicated by the police.;