DIPAK SAHA RAY, J. - (1.) A common Judgment and order of conviction and sentence have been assailed in four criminal appeals. For the sake of convenience of discussion and arriving at a just decision, all the four appeals viz. CRA No. 297 of 2007 with CRA No. 704 of 2007; CRA No. 413 of 2007 and CRA No. 857 of 2006 are taken up jointly.
(2.) THE aforesaid four appeals are directed against the judgment and order of conviction and sentence passed by the learned Additional District & Sessions Judge, First Court, Alipore, South 24 Parganas in connection with Sessions Trial No. 4(2)/2001 arising out of Cossipore P.S. Case No. 132 of 2000 dated 30.7.2000 under Section 302/34 of the Indian Penal Code. The said case was started on the basis of a written complaint filed by one Gopal Das, brother of the deceased Tapan Das, on 30.7.2000 before the Officer-in-Charge, Cossipore P.S. The defacto complainant in his written complaint alleged inter alia that on 30.7.2000 at about 3.50 A.M. he woke up on hearing the cry "khoon, khoon " of his sister-in-law (Boudi), Laxmi Das and accordingly he came out from his room and went to the staircase for proceeding towards the room of his elder brother situated in the same building. At that time he saw Manoj Rajak with a large knife in his hand coming down from the first floor. He also saw Pappu Singh and Debu Patra with razors in their hands, coming down from the first floor and fleeing away towards the field situated by the side of that house. At that time other occupants of that house and also "para " people saw Manoj Rajak, Pappu Singh and Debu Patra coming down from the first floor of the said house. It is further contended in the written complaint that the defacto complainant thereafter entered into the room of his elder brother and noticed that his elder brother was lying on the bed in a pool of blood. He also noticed that the intestines of his elder brother had come out. He also found injuries on the neck and left shoulder of his elder brother. At that time, his sister-in-law and his nephew were found inside the room. On seeing him, his sister-in-law (wife of his elder brother) informed him that Manoj Rajak with a knife, Pappu Singh with a razor had entered into the room and after having gagged her, threatened to kill her if she attempted to shout. Thereafter Manoj Rajak assaulted her husband on his abdomen with the knife. She also informed him that Debu Patra, with a razor in his hand, was standing outside the door of their room and was acting as a guard. After the assault of Manoj Rajak, Debu Patra also assaulted her husband with razor and thereafter they fled away from the room.
(3.) IN the said written complaint, the defacto complainant has further alleged that his sister-in-law, Laxmi Das, had illicit relation with Manoj Rajak. Accordingly, he suspected that Laxmi Das perhaps opened the door of their room and accordingly Manoj Rajak, Pappu Singh and Debu Patra got scope to enter into their room and were able to commit murder of his elder brother, Tapan Das. IN the said written complaint, the informant alleged that Manoj Rajak, Pappu Singh and Debu Patra entered in a criminal conspiracy with Laxmi Das and committed murder of Tapan Das. On the basis of the said written complaint, Cossipore P.S. Case No. 132 of 2000 dated 30.7.2000 under Section 302/34 of the INdian Penal Code was started. The Police after completion of investigation submitted charge sheet in this case against four accused persons viz. Manoj Rajak, Pappu Singh, Debu Patra and Laxmi Das for the offence punishable under Section 302/34 of the INdian Penal Code.;