PATHERYA, J. - (1.) THIS appeal is directed against the judgment and order of conviction dated 30th March, 2009 and 31st March, 2009 passed by the Additional District and Sessions Judge, 2nd Fast Track Court, Chandernagore, in connection with Sessions Trial No. 4 of 2008 and Sessions Case No. 225 of 2007 arising out of Singur Police Station case No. 7 of 2005 dated 16th January, 2005 whereby and whereunder the appellant No. 1 was convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 5000/ -and in default to pay fine, to suffer simple imprisonment for six months more for the offence committed under Section 302 I.P.C. The appellant No. 2 was convicted and sentenced under Section 201 I.P.C, and directed to suffer rigorous imprisonment for three years and pay fine of Rs. 1000/ - and in default to pay fine, to suffer simple imprisonment for two months. The appellant No. 3 was also convicted and sentenced under Section 201 I.P.C. and directed to suffer rigorous imprisonment for two years and pay fine of Rs. 2000/ - and in default of payment of fine, to simple imprisonment for six months more. Being aggrieved by the said order, this appeal has been filed.
(2.) THE case of the prosecution is as follows : One Tultul Dey was married to the accused appellant no. 1 on 29th Agrahayan 1411 B.S. according to Hindu Rites and Customs. On her visits to her parental house, she informed her family members of the illicit relationship between one Rama Koley and the accused appellant no. 1. She also informed her family members that the accused -appellant no. 1 did not behave with her properly in her matrimonial house. In the early hours of 16th January, 2005 at about 1 -30 A.M. a telephone call was made by P.W. 6 on the instruction of the appellant no. 2 to the residence of P.W. 13. Such telephonic call was received by P.W. 8 when P.W. 6 informed P.W. 8 that a dacoity had been committed in the house of the accused appellants and the dacoit had killed the wife of the accused appellant no. 1 with knife by cutting her throat. Thereafter the telephone was handed by P.W. 8 to P.W. 13. P.W. 13 did not respond to the said call and went back to sleep. Once again at 3 - 30 A.M. a telephone call was made by P. W. 6 at the instance of the appellant No. 2 to P.W. 13. P.W. 13 was informed by P.W. 6 of the incident mentioned above and was asked to inform the matter to the police station. Thereafter P.W. 13 along with the parents of the victim girl went to her matrimonial home where they found that the police had already arrived and the Officer -in -Charge of Singur Police Station arrived after they had reached the place of occurrence. The dead body of the victim girl was found in the bedroom of her matrimonial home with cut injury on her throat.
(3.) THE accused -appellant No. 1 was found lying on a cot outside the said room. An inquest was made and thereafter the body of the victim girl was sent for postmortem. In fact, on 16th January, 2005 at 6 -25 hours an F.I.R. was filed by the father of the victim girl, and on basis thereof, Singur Police Station Case No. 7 of 2005 dated 16th January, 2005 under Sections 302/201 and 34 I.P.C was initiated. The investigation was conducted by P.Ws. 30, 31 and 32. On the basis of such investigation, a charge sheet was filed and charge framed against the accused -appellant No. 1 under Section 302 I.P.C. and against the accused -appellant Nos. 2 and 3 under Section 201 read with Section 34 I.P.C. wherein the accused appellants were the F.I.R named persons. The charges were read over and explained to the accused - appellants, who denied their guilt and sought to be tried. In all 32 witnesses were examined by the prosecution and on the basis of oral and documentary evidence the order of conviction was passed against the accused -appellant no. 1 under Section 302 I.P.C and against accused -appellant Nos. 2 and 3 under Section 201 I.P.C. The accused -appellants were examined under Section 313 of the Code of Criminal Procedure. Being aggrieved by the said order, this appeal has been filed. Counsel for the appellants submits that the date of incident is 16th January, 2005 and the F.I.R was filed on 16th January, 2005 at 6 25 A.M. Right from the start the investigation has proceeded in a premeditated manner to fix the accused appellant no. 1 under Section 302 I.P.C.;