- (1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being no. 22 of 1989 passed by the Learned Additional Sessions Judge, 1st Court, Jalpaiguri on 30th January, 2008 and 31st January, 2008 holding the appellant guilty of offence punishable under Section 302/201 of the Indian Penal Code and as such the appellant was also convicted under Section 235(2) of the Code of Criminal Procedure to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/ - only in default to suffer rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code. He was also convicted and sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs.1000/ - only in default to suffer further rigorous imprisonment for three months for the offence punishable under Section 201 of the Indian Penal Code. It was also ordered that both the sentences shall run concurrently.
(2.) PUT in a short frame, the prosecution case runs as under: - On 1st October, 1987 at about 7 o clock in the morning alleged accused Anil Roy came to Rasamay Sarkar, the elder brother of the defacto complainant . On that point of time Rasamay Sarkar (since deceased), was sitting in a jewellry shop situated at Kranti. In presence of the defacto complainant accused Anil Roy told his elder brother Rasamay Sarkar (since deceased) that he would purchase gold with lesser price. Gathering this knowledge the defacto complainant s elder brother in presence of defacto complainant took Rs.4500/ - and went away with accused Anil Roy. Since then the elder brother of the defacto complainant was not found/ traced out. The defacto complainant tried to take information or whereabout of his elder brother (since deceased) through different people of neighbouring area. Thereafter on 3rd October, 1987 at about 12/1 noon the said accused Anil Roy came to Kranti Hat for purchasing clothes and that time the defacto complainant and his companions of that locality asked accused Anil Roy regarding missing of his elder brother Rasamay Sarkar (since deceased) and accused Anil Roy confessed that he himself and Kartick Roy of Bethguri together took Rasamay Sarkar (since deceased) to Metch Basty in Appal Chand Forest and there they i.e. to say accused Anil and Kartick injured the elder brother of the defacto complainant with sharp dagger on his neck and committed murder. Then they hide the dead body at Match Basty Forest and they also snatched away Rs.4500/ - from the defacto complainant s elder brother (since deceased). Thereafter, the defacto complainant , Dayal Sarkar, P.W.1 and his companion and other village people asked accused Anil Roy to let them know where the dead body of the elder brother of the complainant is hidden. Then the said accused Anil Roy took them with him to Metch Basty Forest check Block No.2 and showed the defacto complainant P.W.1 herein the dead body of his elder brother and the defacto complainant identified the dead body of his elder brother. Thereafter with the help of those villagers the complainant caught said accused Anil Roy and handed over him to Mal Police Station after disclosing the incident. He accordingly lodged a written complaint before the Officer -in -Charge, Mal Police Station and on the basis of which Mal Police Station Case No.1 dated 3rd October, 1987 under Section 302/201 of the Indian Penal Code was registered. That the case was investigated into and on completion of investigation chargesheet was submitted under Section 302/201 of the Indian penal Code against the present appellant.
(3.) REGARDING second accused namely Kartick Roy no charge -sheet was initiated and he was exempted. Thereafter the case was placed for trial before the Learned Additional Session Judge, 1st Court, Jalpaiguri who framed charges under Section 302 and under Section 201 of the Indian penal Code. After completion of the trial the Learned Additional Session Judge, 1st Court, Jalpaiguri held the appellant guilty and convicted him as aforesaid.;