- (1.) In this Criminal Appeal, the judgment of conviction and sentence dated 17.05.94 and 19.05.94 respectively passed by the learned Additional Sessions Judge, 3rd Court, Barasat, 24 Parganas (North) in Sessions Trial No. 2(12) 93 is under challenge. By the impugned Judgment, the learned Trial Judge convicted accused Omar Ali Mondal (in short Al) under Section 376 IPC. Both the co-accused Sadak Ali Mondal (in short A2) and Abdullah Mondal (in short A3) were, however, found not guilty of the charge under Sections 376/34 IPC. All the three Appellants viz Omar Ali Mondal, Sadak Ali Mondal and Abdullah Mondal were convicted under Sections 302/34 IPC. Learned Trial Court sentenced the convict Appellant (Al) to undergo R.I. for 7 years and also to pay a fine of Rs. 2,000/- in default whereof to suffer R.I. for one year more for commissions of an offence under Section 376 IPC, while the rest 2 convict Appellants namely A2 and A3 were acquitted of the charge under Sections 376/34 IPC since the said charge was not proved against them. All the three convict Appellants were, however, sentenced to rigorous imprisonment for life each and also to pay a fine of Rs. 5,000/- each in default whereof to suffer R.I. for 2 years more. Both the sentences in case of Al are to run concurrently. F.I.R.
(2.) Back ground facts as unfolded in the FIR may be capsulized as under: One Md. Khalil Ata (P.W. 1) of village Hizla, post Ashoknagar within P.S. Habra, District North 24 Parganas lodged an FIR alleging inter alia that her daughter Mothfazila Khatun aged 21 years, a divorcee had a love relationship for the last 4 years with Al who is the son of informant's cousin. Both of them agreed to marry each other and as such Al used to come to his house and take his daughter out with him. On 09.08.1989 Al along with three of his friends (one of whose nick name was Kalo) came to his house and took his daughter with them. The people of the neighborhood also saw them to roam at the Mominpur bus stand. On 11.08.1989 at dawn he came to know from the local people that his daughter was lying dead in Alauddin Mondal's jute field in Mominpur Mouza. On receipt of such news, he had been to the place of occurrence and found that his daughter had been murdered and was lying naked with a noose tied around her neck and blood flowing from her nose and mouth. According to the informant, Al and his three friends together murdered his daughter.
(3.) On the basis of the said FIR, Habra P.S. Case No. 312 dated 11.08.1989 under Sections 302/34 IPC was registered for investigation against A1 and Kalo. Investigation;