- (1.) In a sessions trial held before the learned Additional Sessions Judge, Suri, Birbhum, the accused Sambhu Lohar was found guilty of committing murder of two persons, Biswanath Bagdi and Mohan Das and causing disappearance of the evidence of murder and was convicted under section 302 /201 IPC. He was sentenced to death for his conviction under section 302 IPC and to suffer R.I. for 7 years and to pay a fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for 6 months for his conviction under section 201 IPC. The Sessions Court referred the proceeding of the trial to this Court for confirmation of death sentence, whereupon the Death Reference No. 1 of 2011 was registered and the said order of conviction and sentence being challenged by the appellant, same gave rise to the Criminal Appeal No. 480 of 2011.
(2.) Both the aforesaid Death Reference and the Criminal Appeal are taken up for hearing together and are disposed of by this common judgement.
(3.) The case of the prosecution in brief runs as follows: The informant and his father Nirmal Kumar Dutta were the owner of an oil mill, viz., Joy Tara Oil Mill, situated on the ground floor of their residential house at Mayurakhi Sarani, Saithia, Birbhum. On the night of 9/10th September, 2010, three labours Biswanath Bagdi and Mohan Das, the deceased and Sambhu Lohar, the appellant were running the mill. At around 1 a.m. the informant and others woke up from their sleep, hearing a hue and cry of the local people and found smoke was coming out from their mill. He immediately tried to enter into the mill through their staircase leading to the oil mill but it was locked from outside. Thereafter, the lock was broken by the local people and they entered inside the mill and found two labours, viz. Biswanath Bagdi and Mohan Das were lying almost dead inside the mill with bleeding injuries on their heads and their wearing apparels were partly burnt and covered with gunny bags, while the other labour, the appellant Sambhu Lohar was not there. At that time they also noticed fire there. After sometime Sambhu Lohar came there and on being asked he informed he went to attend nature's call and when came back found 3/4 persons inside the oil mill were assaulting Biswanath and Mohan and out of fear he rushed to the G.R.P.S. and reported the incident but they asked him to inform Sainthia Police Station and after informing Sainthia Police Station and he after informing about the incident to Sainthia Police Station was coming back.;