- (1.) Being aggrieved by the judgment and order of the Additional Sessions Judge, 1st Fast Track Court, Sealdah, 24 Parganas (South) in Sessions Case No. 12(05)07 the appellants have filed the present appeal. They have been convicted under Section 302 read with Section 34 of the IPC and have been sentenced to undergo imprisonment for life and to pay of Rs. 5,000/-(Five Thousand only) and in default of payment of such fine a further period of imprisonment for six months.
(2.) The victim Gokul Panda was a priest, who earned his livelihood by going to various places to offer puja. He was the regular priest in a factory owned by the complainant Subal Chandra Dey Dhara. He was permitted to stay in the factory premises as he had no other place of residence. The victim would leave the premises at 5.00 a.m. and return by 9 O'clock at night. On 29th January, 2007 Subal Chandra Dey Dhara received information from his employee that Gokul Panda was laying under the tin shed of the courtyard of the factory. He was informed that the victim had bleeding injuries on his ears. The police were informed and they came to the spot and removed the victim to the hospital. However, on reaching the hospital the Doctor informed the police that the victim had died. The police then seized some articles which were lying in the factory near the spot where the victim was found, including a wine bottle, two glasses, one kettle, one steel bowl, a napkin and a shawl. The complainant, that is the owner of the factory, lodged the complaint and the First Information Report was registered against the unknown persons. Later during the course of investigation the appellants were arrested. Appellant No. 1 is also a priest who would conduct the puja at various places everyday. Appellant No. 2 is his friend while appellant No. 3 is his brother-in-law. Appellant No. 1 and 3 used to live in the same premises.
(3.) In order to bring home the charge against the appellants the prosecution examined 20 witnesses. It must be mentioned here that there were no eye-witnesses to the incident and, therefore, the case is based entirely on circumstantial evidence.;