D.P.Sengupta, J. - (1.) Both the aforesaid Death Reference and Criminal Appeal are being dealt with and disposed of by this judgment as they arise out of the same judgment of learned Sessions Judge, 3rd Bench, City Sessions Court, Calcutta passed in Sessions Trial No. 1(March)/96. The trial Court by its judgment dated 22.6.2000 convicted both the appellants under section 302/34 of the Indian Penal Code for committing murder of three aged ladies and by its order dated 26.6.2000 sentenced both the appellants to death.
(2.) The trial Court has referred the case under section 366 of the Code of Criminal Procedure to this Court for confirmation of death sentence. Both the death reference and the criminal appeal are being disposed of by this judgment as already noted above.
(3.) The prosecution case was as follows: On Bijoy Kumar Khandelwal of 7, Rajendra Dev Road, Calcutta-7 lodged an information with Jorasanko Police Station to the effect that he was a resident of the 2nd floor in the said premises with his maternal uncle Brijnath Khandelwal, the wife of Brijnath Khandelwal named Smt. Ramdulari Khandelwal (78 years), the sister-in-law of Brijnath named Bidya Devi Khandelwal (65 years) and the widow sister of Brijnath named Prema Devi (76 years). Brijnath Khandelwal used to work as a sharebroker and Bejoy Khandelwal was used to look after the business of Brijnath Khandelwal. They had a servant named Raju, who also used to live in the said house. They had also two other part-time maid-servants. Bijoy (informant) and his maternal uncle Brijnath used to leave their house everyday at 11 a.m. for their business place leaving the aforesaid three aged ladies in the house along with Raju. On the date of incident, i.e., on 15.12.94 Brijnath left his business place at about 3.30 p.m. for his home. At about 4.30 p.m. Bijoy got a telephonic information from their house from his maternal uncle that the collapsible gate and the wooden door of their flat were locked and nobody was responding from inside the flat. Bijoy also rang up their residential telephone. But nobody responded. Thereafter Bijoy and his cousin Ajit Khandelwal came to the house and suspecting wrong inside the flat tried to contact Jorasanko P.S. over telephone, but could not get the connection. Both of them went to the P.S. and informed about such incident. Police came to the house of Khandelwal, broke open the locks of the flat and entered into the flat along with Bijoy and Ajit Khandelwal. They found Prema Devi lying on the floor of the drawing room in a pool of blood with her head covered with a quilt. Then Bijoy searched for his two other aunts and the servant Raju. But they were not found inside the flat. The almirah in the bedroom of maternal uncle was fond open and the articles inside the almirah were ransacked. The telephone connection was also found cut up. On further search Bijoy and the Police Officers found the store room locked out side. Police broke open the lock and all of them went inside the store room where Ramdulari Khandelwal and Bidya Devi Khandelwal were found lying on the floor in a pool of blood. Servant Raju was found absent. But his wearing apparels stained with blood were found in an abandoned room adjacent to the pump room. On a preliminary checking Bijoy found one Videocon Colour Television, one National VCR and one blue coloured medium size suit case found missing. Bijoy also stated to the police that he would report to the police details of other articles lost from their residence. The statement of Bijoy Khandelwal was recorded by the police and the same was treated as FIR.;