INDIRA BANERJEE, J. - (1.) THESE three appeals are against the judgement and order dated 9th April, 2008 passed by the learned Additional Sessions Judge, Bankura, convicting all the appellants in these appeals under Sections 302, 201 and 34 of the Indian Penal Code for murder of Dr. Swapan Kanjilal, hereinafter referred to as 'the deceased', and causing disappearance of evidence, in furtherance of a common intention. The appellants have each been sentenced to suffer rigorous imprisonment for life, and to pay fine of Rs.10,000/ -.
(2.) ON or about 16th September, 1990 at about 2:35 p.m., the deceased, his wife Smt. Aditi Kanjilal, being the appellant in C.R.A. No.324 of 2008, Dr. Subrata Das, his wife Smt. Sanghasree Das and his brother -in -law Sri Pritibrata Tarafder (wife's brother) being the Appellant Nos. 1, 2 and 3 respectively in C.R.A. No. 323 of 2008 accompanied by Sangita Das, the seven/eight year old minor daughter of Dr. Subrata Das and Smt. Sanghasree Das and the appellants in C.R.A. No.354 of 2008, Dr. Koushik Chakraborty and his friend Pulak Roy went to Pareshnath Ferry Ghat under Ranibandh Police Station near Mukutmonipur for an outing, after crossing the Kanshabati Dam in a boat. The deceased and some of the appellants consumed alcohol. Except for Pulak Roy, i.e. appellant No.2 in C.R.A. 354 of 2008, who stayed back at the bank with seven/eight year old Sangeeta, because of a bandaged leg, as he had had an operation, all the appellants were enjoying themselves in knee deep water. The deceased was, however, swimming in the dam some distance away from the appellants. It was reported that at about 15:00 Hours (03:00 p.m.) the deceased, Dr. Swapan Kanjilal had drowned in the dam water. The body of Dr. Kanjilal was recovered on 19th September, 1990 at about 10:45 a.m. from the very place where he was reported to have drowned.
(3.) THE deceased was a surgeon attached to the Bankura Sadar Medical College and Hospital, hereinafter referred to as 'BSMCH'. The evidence on record reveals that a lot of people were present at the time when the body was brought out of the water, including doctors of BSMCH. Immediately after the body was recovered, an inquest was conducted. After the inquest, garlands and flowers were placed on the body of the deceased. In the evening a post mortem was conducted. On the next day, i.e., 20th September, 1990 one Gangaprasad Sil, Sub Inspector, Officer - in -Charge, Ranibandh Police Station, lodged a First Information Report alleging that the autopsy surgeon Dr. J.N. Das, Professor and Head of the Department, Forensic Science and Medicine of BSMCH had opined that the death of the deceased was due to manual strangulation, ante mortem and homicidal in nature. In the First Information Report it was alleged that the respective appellants in these three appeals had jointly murdered the deceased and thrown his body into the dam, causing disappearance of evidence, but shouted for help to give the impression that this was a case of drowning. ;