- (1.) The death reference for confirmation of sentence of death passed against the convicts Bappa Das and Biswajit Sadhukhan and the criminal appeal by the said convicts against their conviction and sentence arises out of a judgement and order passed by the Learned Additional District and Sessions Judge, Fast Track, 3rd Court, Barrackpore in a sessions trial held before him, where the convicts were charged under Section 364A read with Sections 302/201/34 of the Indian Penal Code. In the aforesaid trial both Bappa Das and Biswajit Sadhukhan were convicted under Sections 302/34 as well as under Sections 201/34 of the Indian Penal Code and thereunder both of them were sentenced to death and to suffer rigorous imprisonment for 7 years respectively and to pay fine with default clause on each count.
(2.) The prosecution case in brief runs as follows; The victim Sharmistha Das @ Ria, who was aged about 7 years at the time of the alleged occurrence was the daughter of P.W. 1 Shyamal Das. On November 26, 2006 at about 18 hours the convict Bappa Das, who happened to be the first cousin of the victim Ria came to their residence and took her out for a cycle ride in presence of her parents the P.W. 1 and P.W. 4. Since the victim girl did not return home till 7 p.m. her mother (P.W. 4) informed her brother Balai Das (P.W. 2). When Balai Das came to their house and contacted convict Bappa Das over Mobile and at around 8-30 p.m. Bappa contacted Balai Das over phone and enquired whether victim has been traced out or not and at about 9 p.m. Bappa came to their house and told the P.W. 4 mother of the victim that he dropped Ria long before in front of their house. In the meantime, the said Balai Das in his Mobile received a threat call and he was told that if anything about the missing of Ria was informed to the police then he will be murdered. The P.W. 9 Moutusi Sarkar also saw both Bappa and victim together in the market at around 6-30 p.m. Beside the P.W. 9, two other witnesses Ranjit Das P.W. 5 and Buro Saha P.W. 10, who are the neighbours of the victim also found her in the cycle of Bappa at Basudebpur crossing of highway. Since till midnight the victim did not return home and could not be traced out, her father apprehending that she had been kidnapped reported the incident to the Jagaddal Police Station when a case under Sections 363/366A of the Indian Penal Code was registered. In connection with the said case on November 27, 2006 at early morning the police arrested convict Bappa Das and during police remand at night on November 28, 2006 Bappa Das made a statement to the police leading to arrest of the other accused and whereabouts of the place where the dead body and the offending rope have been concealed. Pursuant to such statement police arrested the other convict Biswajit Sadhukhan and another, viz., Rajat Adhikary when the accused Biswajit Sadhukhan also made similar statement as that of the accused Bappa. Thereafter, on November 29, 2006 at around 22-40 hours on being led by the arrested accused persons police recovered the dead body of victim girl and the rope used in her killing. After investigation police submitted charge-sheet under Section 364A/302/34 of the Indian Penal Code against all the three accused persons including both the convicts and another.
(3.) The charge-sheeted accused persons, viz., Rajat Adhikary and Biswajit Sadhukhan before the Trial Court took a plea of juvenility, the Learned Court held an enquiry and in the said enquiry as Rajat Adhikary was found to be a juvenile on the date of the commission of the offence, his case was transferred to the juvenile court. However, plea of juvenility of the accused Biswajit Sadhukhan was rejected. Then the accused Biswajit Sadhukhan challenged the said order before this Court when the Trial Court was directed to re-consider his plea of juvenility. When the Trial Court held a fresh enquiry and concluded that he was not juvenile. However such order whereby the plea of the accused Biswajit Sadhukhan was turned down by the Trial Court not being challenged before any Court, reached its finality.;