- (1.) This appeal is filed against the judgment and order dated 19/07/2005 and 20/07/2005 passed by the learned Additional District & Sessions Judge, Fast Track Court-II, Diamond Harbour, South 24 Parganas in Sessions Trial No. 40 (7) 04 arising out of Sessions Case No. 105 (1) 04 convicting the appellants Kochiram Ghosh @ Kochi and Badal Ghosh for having committed offence under Section 302 of I.P.C. and sentencing them to suffer imprisonment for life and fine of Rs. 5000/- in default to suffer simple imprisonment for two years, they are also found guilty for having committed offence under Section 201 I.P.C. and sentenced to suffer simple imprisonment for two years along with fine of Rs. 2500/-, in default, to suffer imprisonment for one year.
(2.) It is the a prosecution s case that the deceased Tapan Halder was dealing in selling fish in Shasan Bazar. He got acquainted with the appellant Kochiram Ghosh @ Kochi of Muldia Ghoshpara who used to work in the sweetmeat shop of Shankar Mondal which was situated in front of the house of the defacto complainant i.e. Swapan Halder, brother of deceased Tapan Halder. After the appellant/accused Kochiram Ghosh left the sweetmeat shop of Shankar Mondal he started working as a fishmonger with the deceased Tapan. According to the prosecution, the deceased Tapan had lent a sizeable amount of money to Kochiram Ghosh. On 21/09/2003 Kochiram Ghosh had agreed to repay a sum of Rs. 3000/- out of the amount due to Tapan before Durga Puja and therefore, Tapan had gone to Kochiram Ghosh to Ghoshpara at Muldia to realise the money but on that day he came back in the evening as appellant/accused Kochiram Ghosh asked him to come on the next day. Therefore on 22/09/2003 Tapan Halder left the house in the morning for going to the house of Kochiram Ghosh and did not return on the next day i.e. 23/09/2003. Thereafter appellant/accused Kochiram Ghosh met the complainant Swapan Halder at Shasan Station, so he asked him the whereabouts of his brother, Kochiram Ghosh showed his ignorance, so, the complainant started searching for his brother Tapan and on 26/09/2003 a missing report came to be lodged at Baruipur Police Station which came to be recorded as G.D. No. 1965 (Exbt. 10). It is on 27/09/2003 the defecto complainant went to Ghoshpara at Muldia in search of his brother. He came to know that on 23/09/2003 dead body of an unknown person was found lying in the marshy land of the western field and that it was taken away by Police Officer of Mandir Bazar Police Station and that the said unknown person whose dead body was taken away by the police was actually seen by the villagers in the company of appellant/accused Kochiram Ghosh and since then Kochiram Ghosh had not returned home. On receiving the said information, the complainant along with his relatives and friends visited Mandir Bazar P. S. They were taken to a morgue of medical college to see the dead body of unknown person which they identified as that of Tapan Halder. Thereafter the dead body of Tapan was cremated. Swapan Halder P.W.1 lodged an F.I.R. (Exbt. 1) on 07/10/2003 at Mandir Bazar Police Station in which he suspected that Kochiram Ghosh had killed his brother Tapan Halder when he went to meet Kochiram Ghosh to Ghoshpara at Muldia in order to realise the amount of money due to him and then dumped the dead body in the paddy field and that many others were involved with him in this act. The complaint came to be registered as FIR Case No. 72/03 dated 07/10/2003 against the appellant/accused Kochiram Ghosh and others under Section 302, 2O1 and 34 of I.P.C.
(3.) In the course of investigation, police arrested the appellants/accused Kochiram Ghosh and Badal Ghosh of Muldia Ghoshpara under P.S. Mandir Bazar. At their instance one sabal made of iron and some coconut coir and blood stained mud from the house of Badal Ghosh came to be seized, vide seizure list dated 09/10/2003 (Exbt. 3). The inquest report (Exbt. 2) dated 23/09/2003 which came to be prepared vide U.D. Case No. 20 dated 23/09/2003 in respect of a dead body of unknown male person and the post mortem report (Exbt. 7) dated 26/09/2003 which was prepared by Dr. Laxmi Kanta Ghosh were collected and came to be filed along with the charge sheet filed against the appellants/accused as well as three others who came to be acquitted.;