- (1.) These appeals are preferred by Subhankar Sarkar @ Babu @ Tablu and Debapriya Pal @ Debu @ Timpu who are charged for having committed murder of Maya Sarkar, w/o late Hemchandra Sarkar and her daughter Anusha Sarkar @ Guddu between the night of 26.9.07 and 27.9.07 and for causing disappearance of evidence in furtherance of their common intention. They were found guilty and sentenced to death for having committed offence under Section 302 IPC read with Section 34 and also sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 1,000/- each, in default, simple imprisonment for 2 months for offence under Section 201 IPC and sentenced to suffer rigorous imprisonment for 7 years with fine of Rs. 1,000/- each, in default, simple imprisonment for 2 months for committing offence under Section 380 IPC. The appellant Debapriya Pal was further sentenced to 3 years' imprisonment and fine of Rs. 1,000/-, in default, 2 months' simple imprisonment for committing offence under Section 411 IPC. In addition to these two appeals, we are also disposing of the reference made by the learned trial Court for confirmation of their death sentence under Section 366 of the Cr. P.C. by this common judgment and order.
(2.) It is the prosecution's case that the appellant-accused Subhankar Sarkar @ Babu @ Tablu had love affair with Anusha Sarkar @ Guddu which was not approved by Smt. Maya Sarkar, mother of Anusha who advised Anusha @ Guddu to sever her relation with Subhankar Sarkar. Subhankar Sarkar having found that Anusha Sarkar @ Guddu was avoiding him tried to confront her on various occasions and even warned her of dire consequences. As Anusha Sarkar @ Guddu did not respond to Subhankar, Subhankar along with his friend Debapriya Pal @ Debu @ Timpu on the fateful day when Anusha's mother, i.e., Maya Sarkar was alone in the house - 'Kalamban' in Air View Complex, P.S. English Bazar, Malda, committed her murder and then waited for Anusha Sarkar @ Guddu to come and after she arrived, she was also brutally murdered by them. On the next day, i.e., 27.9.07, in the morning when their maid servant Saraswati Sarkar came to the house she saw the dead bodies of Smt. Maya Sarkar and Anusha Sarkar @ Guddu in their bedroom with bleeding injuries and raised an alarm. On hearing her cry, Nabarun Paul, their driver, came into the house and saw the dead bodies. These two servants informed the police, neighbours and relations of Smt. Maya Sarkar. In the meantime, Ananya Sarkar, elder daughter of deceased Maya Sarkar who was prosecuting her studies outside Malda was informed. Sujit Sarkar, brother-in-law of Smt. Maya Sarkar, lodged a written complaint of the incident to the English Bazar Police Station. Police registered this case as E.B.P.S. Case No. 365/07 as an FIR for offence punishable under Section 302 IPC. Police requisitioned police photographer and fingerprint experts, conducted the inquest over the dead bodies and the same were sent for post mortem examination. Police arrested the appellants-accused Subhankar Sarkar and Debapriya Pal as suspects. On conclusion of the investigation, police charge sheeted the appellants-accused for having committed offence under Sections 302/380/411/201/34 IPC.
(3.) In answer to the charge, the appellants-accused pleaded not guilty and claimed to be tried. It was their case that they are innocent and have been falsely implicated in the case.;