- (1.) The appellants, namely, Narayan Dutta, Swapan Dutta, Biren Aich, Dilip Pal, Santi Das, Nabakrishna Das, Tapan Kumar Pal, Ranjit Das and Kartick Kirtania, were found guilty of the offences under section 302 read with section 149 of the Indian Penal Code. Each of them was sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs.10,000.00, in default, to suffer further imprisonment for 5 years.
(2.) The said appellants were also found guilty of the offence under section 147 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 1,000.00, in default, to suffer detention for a further period of 1 year. Being aggrieved by the said judgment and order of conviction and sentence dated 30th March, 1985, the appellants preferred the instant appeal. The backdrop of the present case may briefly be stated as follows: Smt. Chabirani Biswas approached the Purbasthali Police Station and lodged a complaint to the effect that on 8th July, 1981 (Wednesday), at about 10.30/11 a.m. when she and Khatimon Bibi were engaged in cooking at home, Narayan Dutta, Swapan Dutta, Dilip Pal, Tapan Pal, Santi Das, Nabakrishna Das, Kartick Kirtania, Adhir Pal and Ranjit Das entered into their house and searched for Yunus. In response to their query, she told that he had gone to take bath in the Ganges. Those persons, thereafter, brought her brother from the Ghat. While they were passing by their house, she as well as her mother and sister, Tahiran, asked them as to why her brother was being so taken away. As they resisted, those persons threatened them and forcibly took Yunus towards the Western field. They could learn that a friend of Yunus, namely, Sridam Mondal, was also taken by them. Both of them were assaulted with fists, blows and lathies. This resulted in their death. There was a theft in the house of accused Narayan Dutta about 5/6 months earlier. Both her brother and Sridam Mondal were suspected to have been involved in the same. On the basis of such recorded statement, a case was started under section 148/149/342/304 of the Indian Penal Code. The case was investigated. After completion of investigation, the police authority submitted chargesheet. Subsequently, the learned Trial Court framed charges against as many as 14 persons including the 9 appellants herein for the offences under section 148 of the Indian Penal Code and section 302/149 of the Indian Penal Code. Prosecution in order to discharge the burden of proving the charges examined as many as 14 witnesses in this case.
(3.) Of them, P.W.I is the de facto complainant who in her evidence-in- chief stated that one of the victims, Yunus Biswas @ Pir Box was her cousin. She stated as on 23rd Ashar, about 3 years prior to her giving evidence, at about 11/12 hours, some young men of the locality went to the house of Yunus through the house where she used to live. She gave the names of the persons as Narayan Dutta, Swapan Dutta, Dilip Pal, Tapan Pal, Biren Aich, Ranajit Das, Nabakrishan Das, Santi Das and Kartick Kirtania. On their way, they asked about whereabouts of her cousin, Yunus. They were told that he had gone to take bath in the Ganges. The bank of the said river was close to their house. Yunus was brought back to their house. He was asked to accompany them to Parulia More and despite objections being raised by Yunus, they dragged him out of the house. Yunus was being dashed and beaten up at that time. Her husband returned home at about 2 p.m. P.W.I reported the matter to him. Pishima of P.W.I, who used to be addressed as mother, followed those persons. Soon afterwards she returned and reported that Yunus had been murdered. P.W.I further deposed that one friend of Yunus, namely, Sridam Mondal, was also murdered. The police officer recorded the statement of P.W.I. She put her L.T.I, on such recorded statement. She was then taken to the place called Talibhata at Parulia More in a Jeep. They found the deadbody of Yunus over there. P.W.I identified the accused persons as those who abducted her brother, Yunus. P.W.I stated that she did not know the motive behind such abduction and murder. In her cross-examination, P.W.I stated that she did not have any knowledge as to how and under what circumstances Yunus died. P.W.I referred to the accused persons as members of the local Congress Party. She stated that neither she nor her husband belonged to any party but the local M.L.A., Monoranjan Debnath, whom she used to address as Jyathamosai, is of CPI (M) party.;