Arun Kumar Bhattacharya, J. - (1.) The hearing stems from twin appeals preferred against the judgment and order of conviction and sentence passed by the ld. Sessions Judge, Howrah in Sessions Trial Case No. II (10)87 on 30.01.1999.
(2.) A thumbnail sketch of the prosecution case is that on 22.06.1997 in the evening the defacto complainant after witnessing a video show in the house of Balaram Mal of the locality returned to house with her daughter Sumita Santra who works in a rope factory. At night while the said Sumita was taking meal, on being informed by her uncle Sukumar @ Habu that Raju Khamaru, with whom she had a love affair, was calling her, she on stopping of taking meal went away with Raju being accompanied by accused Simon, Chandi & Bablu which was noticed by the complainant's sister Sasthi Santra. She did not return house even after 10.00 p.m. On 23.06.1997 the defacto complainant's near relatives searched for her from the morning. At about 9.30 a.m. on being informed by a few local persons viz Sukumar Santra, Bhutta Santra, Prabir Santra & Nemai Santra that the deadbody of her daughter was floating in the pond at Dangar Math, the defacto complainant went there, found the dead- body of Sumita floating in the water-hyacinth and after coming back she informed the matter to the police through a Panchayat member Sailen Mondal. Accused Raju threatened to marry Sumita without delay when the complainant told that she was too young, for which Raju's friends Simon, Bablu & Chandi threatened to kill Sumita if she was not given in marriage. So, Raju and his said friends killed her and threw her deadbody in the pond. Hence, all the four accused persons viz Raju Khamaru, Bablu Pramanick, Chandi Charan Das & Srimanta Dhara were charged under sections 302/34, 201/34 & 376 IPC.
(3.) The defence case, as suggested to P.Ws. and as contended by the accused persons during their examination under section 313 Cr. PC., is that no such incident took place. The victim Sumita @ Buri had a love affair with Bhola & Laltu. Neither accused Raju had any talk with Buri nor he called her away on that night to Dongaghata Field nor other three accused persons accompanied them nor they committed murder of Sumita @ Buri and threw her deadbody in the pond. They have been falsely implicated in this case.;