- (1.) This appeal is directed against the judgement and order passed by the learned Additional Sessions Judge, 1st Court, Jalpaiguri in connection with Sessions Case No. 132 of 2000 convicting the appellants under Sections 302/201/34 of the Indian Penal Code and sentencing them thereunder imprisonment for life and R. I. for 5 years with fine and default clause.
(2.) The prosecution case goes like this: - On 22.10.1997 at about 3 p. m. in the afternoon the deceased Hamidul Haque went to Berubari Hutt and at around 5 p. m. he was found taking tea with the appellants in a tea stall at the huttala and then again at around 6 p. m. he was last found alive with the appellant Tariful at Kujari Para Bus Stand. After that he was not traceable and on October 25, 1997 his dead body was found lying on the bank of river Jamuna, which was on the northern side of the Berubari Hutt. All the appellants were smugglers and used to smuggle goods from Bangladesh. The day previous to the missing of victim Hamidul they were caught by the B. S. F. personnel while they are taking smuggled goods to the country and the appellants suspected the victim as the informer.
(3.) This is a case entirely based on circumstantial evidence and prosecution examined as many as 19 witnesses in support of its case, while defence examined none and it was the case of defence and they were implicated falsely.;