- (1.) The Death Reference for confirmation of sentence of death passed against the convicts Kiriti Pal, Siddique Mia and Mustaque Mia and the criminal appeals by the said convicts and Durga Sutradhar against their conviction and sentence arise out of a judgement and order passed in Sessions Trial No. 5 of November, 2009 corresponding to Sessions Case No. 170 of 2009 by learned Sessions Judge, Birbhum on 26/07/2011 and 29/07/2011 and for charges under Sections 302/34/376(g) of the Indian Penal Code, under Section 25(i)(a)(b)/35 of the Arms Act and under Section 120B of the Indian Penal Code.
(2.) Filtering out unnecessary details the prosecution case emerging from the records runs as follows: - One Swapan Mondal (P.W.-1) lodged a complaint with Sadaipur Police Station on 12/11/2008 around 9.45 hours stating therein that at about 7 a.m. on hearing from others that a dead body of an unknown female was lying at Babuibona Jungle, he went to the spot around 7.30 a.m. and found that a dead body of an unknown female was lying there with marks of injury on the forehead, eyes and face. The neck of the dead body was tied with the Saree and the other end of the Saree was tied to a Sonajhuri tree. On the basis of such complaint Sadaipur P.S. Case No. 74 dated 12/11/2008 under Section 302 was registered for investigation. Subsequently, the investigation was taken over by the C.I.D, West Bengal. On completion of the investigation charge sheet under Sections 302/120B/34/376(2)(g) of the IPC read with Section 25/27/35 of the Arms Act was submitted against appellants, namely, Kiriti Pal, Siddique Mia, Mustaque Mia and Durga Sutradhar.
(3.) The case was committed to the learned Court of Sessions after observing all the statutory formalities. Charge under Section 120B of the IPC was framed against four convicts/appellants. Charge under Sections 302/34 and Section 376(2)(g) of the IPC and under Section 25(i)(a)(b)/35 of the Arms Act were framed against convicts/appellants Kiriti Pal, Siddique Mia and Mustaque Mia.;