P.C.BOROOAH,J. - (1.) THE appellant Jaladhar Metey was tried along with two others before Shri A. K. Chatterjee, Additional Sessions Judge, Howrah, Against the appellant and the other accused persons there was a charge under Sections 302/34 of the Indian Penal Code that they on or about the 30th of June, 1968 at Narit, police station Amta, district Howrah, committed murder by intentionally causing the death of Netai Chandra Mondal in furtherance of the common intention of all. There was a further charge against the appellant and the other accused persons under Sections 201/34 of the Indian Penal Code that they on the same day and at the same place knowing that , certain offence, namely, murder punishable with death had been contracted had caused certain evidence of the said offence to disappear, namely, the dead body of Netai Chandra Mondal with the intention of screening themselves from legal punishment in furtherance of the common intention of them all.
(2.) BY an order dated the 27th January, 1971 the learned Judge found the appellant guilty of the offence punishable under Section 302/201, I. P. C. and convicted and sentenced him to imprisonment for life under Section 302, I.P.C., but passed no separate sentence under Section 201, I.P.C. The other two accused persons were acquitted of the charges. The prosecution case briefly stated is as follows : One Netai Mondal of village Kamargore within Amta police station was employed as a fitter in Hanuman Jute Mill in Howrah and used to stay at a place near the said jute mill and he used to go to his village home every Sunday, On the 30th June, 1968 which was a Sunday, Netai Mondal, however, did not come home and on the 3rd of July, 1968 parts of a dead body were found on a field of a neighbouring village Narit within the said police station. An information about this find of a dead body was given to the thana by the Upadhaksya of Narit Gram Sabha and on this basis an unnatural death case, being case No. 39 dated 3 -7 -68 was started. Thereafter on the 10th July, 19(58, an F.I.R. was lodged by Khodanbala, the wife of Netai, on the basis of which Amta P. S. Case No. 7 dated 10 -7 -60 was started. In course of investigation the appellant Jaladhar Metey, who had a civil litigation with Netai Mondal, was arrested and in pursuance of certain statements made by him to the police officers of Amta police station, a bag containing some articles belonging to Netai Mondal was recovered from a doba. The appellant was produced before a magistrate before whom he confessed that he along with Balai Metey and Ratan Maity, who are the two other accused in this case, had killed Netai Mondal and disposed of the dead body. After completion of investigation charge -sheet was submitted against the appellant and the other two accused persons and after a committal enquiry they were committed to the court of session to stand their trial and the appellant was convicted and sentenced as aforesaid.
(3.) THE appellant pleaded not guilty to the charge and he retracted the confession and stated that he was induced to confess under threat and pro -raises.;