- (1.) This appeal has been preferred before us by five convicts, viz., Ujjal Mandal, Shanti Ghosal @ Seno, Gurupada Mandal, Ranjan Bagdi and Bhakta Majhi, who in a sessions trial held before the learned Additional District and Sessions Judge, Fast Track Court, Bishnupur, were convicted under Sections 302/201/34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000/- each, in default to suffer imprisonment for one year for their conviction under Sections 302/34 of the Indian Penal Code and to suffer imprisonment for 2 years and to pay a fine of Rs. 2,000/- each in default to suffer further imprisonment for six months for a charge under Sections 201/34 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(2.) The prosecution case which led to the conviction of the Appellants in a nutshell are as follows; On September 10, 2005 in the evening the deceased Samsul Haque Mondal left his house with a torch and radio set, as he did not return home even after the late night his son Badsha Alam Mondal, the informant started searching for him and came to learn from one Kausor Mondal that at about 10 p.m. at night on that day he found the Appellants were fighting with him at Hattola. Upon receipt of such information when the informant contacted the Appellants they denied their knowledge about his father and told that he has gone to the house of his relative. On the next day the whereabouts of the deceased could not be ascertained. However, on September 12, 2005 in the early morning his son got an information that a dead body was floating in the pond of one Saroj Mondal of their village. He immediately rushed to the spot and with the help of some neighbours lifted the dead body from water and found the same was of his father. After discovery of the dead body the police was informed and inquest was held at about 7.15 hours on September 12, 2005 and then on the selfsame day, i.e., September 12, 2005 at about 17.15 hours a FIR was lodged against these Appellants. After conclusion of investigation of the said case police submitted charge-sheet for the selfsame offences for which FIR was registered. The Appellants were then placed on trial before the learned Additional District and Sessions Judge, Fast Track Court, Bishnupur to answer charges under Sections 302/201/34 of the Indian Penal Code.
(3.) We have heard the learned Counsel appearing on behalf of the parties. Perused the deposition of the witnesses, other materials on record as well as the impugned Judgment.;