- (1.) The appellant Sajal Barui alias Papa in Criminal Appeal No. 10 of 1998, Ranjit Mondal alias Anil in Criminal Appeal No. 11 of 1998 and Debasish Dey alias Babu in Criminal Appeal No. 12 of 1998 challenged the judgment and order passed on September 23, 1997 by the learned Additional Sessions Judge, 3rd Court, Barasat, North 24-Parganas in connection with Sessions Trial Case No. 4 (9) 94, convicting each of them under Sections 302/34 read with Section 120B of the Indian Penal Code and sentencing to suffer imprisonment for life and to pay fine of Rs. 2,000/- in default to suffer rigorous imprisonment for one year. In the aforesaid appeals, the appellants also challenged their conviction under Section 201 of the Indian Penal Code and sentence to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for 6 months. In Criminal Appeal No. 12 of 1998 the appellant Debasish Dey alias Babu also challenged his conviction under Section 411 of the Indian Penal Code and sentence to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for 3 months. In the said trial three other accuseds, viz. Samar Saha alias Buro, Subrasil Roy alias Raja were found not guilty for the offences punishable under Sections 302/109 of the Indian Penal Code and were acquitted. However, accused Samar Saha alias Buro, Subrasil Roy alias Raja were found guilty under Sections 323/109 of the Indian Penal Code and sentenced to suffer simple imprisonment for one year and the accused Alok Saha alias Tato having found guilty under Section 411 of the Indian Penal Code, sentenced to suffer rigorous imprisonment for three years. No appeal was however preferred by the aforesaid three accused persons against their conviction and sentence and they have already served out the sentence imposed upon them.
(2.) The case of the prosecution in short is as follows; The deceased Subal Chandra Barui was a resident of a flat situated on the fourth floor of Subham Apartment, 5 N.C. Sengupta Sarani, Kolkata. The informant Dipankar Banerjee was also a resident of the said apartment. On November 23, 1993 at about 12 midnight the informant was called by the inmates of the two other flats situated at 4th floor of the said building. At once the informant rushed there and noticed a groaning sound was coming out from inside of the flat of Subal Barui and someone was crying for help from inside. The informant immediately reported the matter to the Dum Dum Police Station and police arrived there. Thereafter the door of the flat was broken and it was found the younger son of the Subal Barui, Sajal was lying tied with a rope on a chair near the T.V. Set at the drawing room. In another room the wife of Subal Barui was found dead sitting on a chair tied with rope and bed sheet. In the next room Subal Barui was found lying dead on the floor with bleeding injuries with his legs tied with a rope and in the same room his elder son Kajal Barui was also found lying dead on a chair. When on enquiry Sajal Barui reported that on the previous evening at about 7.30 p.m. he was watching T.V. with his mother when 7 unknown miscreants entered their flat and two of them were Punjabies. The said miscreants having entered their flat gagged him and tied him in a chair with a rope. Then his mother was taken in another room where she was tied with a rope and killed. He further reported at the time of the occurrence his father and elder brother were outside and as he became unconscious due to the assault he was not aware as to what happened to them.
(3.) The police after conclusion of investigation submitted charge-sheet under Sections 302/380/411/458/201/120B/34 of the Indian Penal Code against Sajal Barui alias Papa and five others, viz. Debasish Dey alias Babu, Subrasil Roy alias Raja, Ranajit Mondal alias Anil, Alok Sana alias Tato and Samar Saha.;