D.P. Sengupta, J. - (1.) This appeal is directed against the Judgment and order of conviction and sentence dated 31.8.99 by the learned Additional Sessions Judge, South 24 Parganas, Alipore in S.T. No. 1(12)/98 (S.C. No. 41 (8) 98) thereby convicting the accused appellant under section 302 IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs. 3,000/-. The appellant was also convicted under section 201 IPC and was sentenced to suffer R.I. for 3 years and to pay a fine of Rs.1,000/-.
(2.) Prosecution case, in short, was that victim Saraswati Sardar was invited by present appellant Bimal Naskar of the same village on 24.10.88. At about 8 P.M. the victim went to the house of accused, but she was not offered meal as the son of the accused Bimal did not return till that time. So the victim came back to her house and again she went to the house of the accused at about 11.00 P.M. to attend the invitation on the occasion of Lakshmi Puja, but in that very night she did not return to her house. On the next day the son of the victim (defacto- complainant) visited the house of accused Bimal Naskar in search of his mother, but accused Bimal was also not available at his house. Further case of the prosecution was that on 2.11.88, i.e. 8 days after such missing of the victim, accused Bimal Naskar returned home and having received such information the defacto complainant (son of the victim) along with Kalipada Sardar (PW8), Atul Mondal (PW3), Brojen, Nakul Mondal (PW7) and others had been to the house of the accused Bimal Naskar, who in presence of all those persons confessed his guilt and stated that he along with Sarbeswar Naiya and Hari Gayen committed murder of Saraswati Sardar at 11.00 P.M. on 24.10.88 by drowning her in the tank of one Sanatan Ghosal while victim Saraswati was going towards the house of the accused on the fateful night. Accused Bimal confessed that after committing the murder the dead body of Saraswati Sardar was concealed under the ground in the banana garden situated on the northern side of the house of accused Bimal and he also snatched away two earnings, one noth, finger ring etc. from the dead body of Saraswati. Accused Bimal Naskar himself thereafter recovered the dead body from that place and PW1 identified the same to be the dead body of his mother. It was the further prosecution case that about 8/9 months prior to this incident victim Saraswati gave Rs.1,500/- to accused Bimal Naskar, who assured to provide a job for her youngest son Shyamal. As accused Bimal failed to provide the job, victim Saraswati asked for return of that money and this was the reason for which the accused persons committed murder of the victim.
(3.) On the basis of a complaint lodged by Bimal Krishna Sardar (son of the deceased) a case was registered with Joynagar Police Station and on completion of investigation chargesheet was submitted and charge was framed by the learned Trial Judge under sections 302/34 and 302/201/34 of the Indian Penal Code.;