- (1.) This appeal is against a judgement and order dated 15th December, 2012, and an order of sentence dated 19th December, 2012, passed by the Additional Sessions Judge, 6th Court, Paschim Medinipur, whereby the accused appellant Sk. Akbar Ali and one Sk. Serif Ali were found guilty and convicted of charges under Sections 302/34 and 382/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years for offence under Section 382 and rigorous imprisonment for life for offence under Section 302 of the Indian Penal Code. Pursuant to a First Information Report lodged by one Tarun Kumar Roy, a lecturer of Jhargram Polytechnic College, on 1st March, 2012, Kotwali Police Station Case No.125/2012 dated 1st March, 2012 was started against unknown persons. No one was named in the First Information Report.
(2.) However, after investigation was completed Charge Sheet No.246 of 2012 dated 30th April, 2012 was filed under Section 302/382/34 of the Indian Penal Code against the accused appellant, Sk. Serif Ali and Sk. Kazim Ali, who was found to be a juvenile and refered to the Juvenile Justice Board. It is the case of the prosecution that the de facto complainant Tarun Kumar Roy resided with his old mother. On the morning of 27th September, 2012, the de facto complainant left for college, leaving his mother alone at home. At about 5 p.m. in the afternoon, when he was returning home, he received a call on his mobile phone, from some unknown person, informing him that his mother had been murdered. On receiving the phone call the de facto complainant hurried home and found that the door at the back of the house was open and the dead body of his mother was lying on the lower end of the staircase with injuries.
(3.) The de facto complainant found that furniture and other articles in the ground floor and upper floor rooms were all scattered and the following items were missing from the house:- (i) 21" LED Samsung TV. (ii) Portable LCD TV. (iii) 500 GB Samsung External Hard Disc. (iv) One Lakh Rupees Cash. (v) Gold Ornaments. (vi) Utensils. (vii) Plumbing fittings in kitchen and toilet. (viii) ATM Card (SBI Jhargram) (ix) One Pair Woodland shoes. (x) Mobile phone. In his FIR, the de facto complainant has stated that he came to learn that the domestic help had come to work at about 4:30 p.m. in the afternoon and found the door closed. The domestic help called the deceased a number of times. When the deceased did not respondent to her calls, she informed the people of the locality.;