- (1.) Pursuant to a charge-sheet submitted by P.W. 12, Raghupati Biswas against the accused/appellant and one Dilip Mondal (since absconding)- and Prafulla Sikdar, Kalachand Biswas and Ranjit Roy (who have since been acquitted) they were arrayed in Sessions Trial No. 3 of July, 1992 (Sessions Case No. 129 of 1988) before the learned Additional Sessions Judge, 2nd Court, Suri Birbhum to answer the following charge: "That you along with others on or about the 11th day of April, 1987, corresponding to 27th Chaitra, 1393 B.S. at Nimpur Charakdanga Majhipara within P.S. Bolpur, in furtherance of the common intention of you all did commit murder by intentionally causing the death of Kartick Bayen and thereby committed an offence punishable under section 302 read with section 34 of the Indian Penal Code....." Alternatively : "That you along with others on or about the 11th day of April, 1987 corresponding to 27th Chatira, 1393 B.S. at Nurpur Ambagan, within P.S. Bolpur in furtherance of the common intention of you all, abducted Kartick Bayen in order that the said Kartick Bayen might be induced and thereby committed an offence punishable under section 364 read with section 34 of the Indian Penal Code, and within the cognizance of this Court of Sessions."
(2.) They having pleaded not guilty, were put on trial and the prosecution in order to prove its case examined as many as thirteen (13) witnesses of whom P. W. 1 was the Mother of the deceased Kartick before whom the deceased made a dying declaration and implicating the appellant and Dilip Mondal who assaulted him with a knife. She also deposed that they had called his son from the house just before the incident. She found bleeding injury below the right rib of her son. P.W. 2-a neighbour also corroborated with regard to the statement made by the victim implicating the appellant and Dilip. In his presence the police seized the blood-stained clothes and napkin under the Seizure List (Ext. 1) P. W 3 was also a witness to the Seizure List. P.Ws. 4, 5 and 8 turned hostile.
(3.) P.W. 6 was the Autopsy Surgeon P.W.7 carried the deadbody and identified it to the doctor. P.W.9 signed on the Seizure List in connection with the seizure of controlled earth and blood-stained earth from the place of occurrence. P.W. 10 was also another witness to the seizure of the blood stained clothes of the deceased Kartick. P.W. 11 brought the General Diary Register from the Bolpur Police Station. P.W. 12 submitted the charge sheet and P.W. 13 investigated the case.;