Patherya, J. - (1.) THIS appeal is directed against the order of conviction and sentence dated 26th April, 2001 and 27th April, 2001, passed by the Additional Sessions Judge, Raiganj, Uttar Dinajpur, in Session Trial No. 03 of 1998 arising out of Sessions Case No. 50 of 1997. By the said judgment the accused/appellants have been convicted under Sections 302/34, 376(2)(g)/34 and 201/34 of the Indian Penal Code. The said sentences are to run concurrently.
(2.) THE facts of the instant case is as follows: The victim girl visited the house of P.W. 4, Commissioner of Kaliaganj Municipality, on 2nd November, 1992 to take a 'chadar' from his wife. As the wife of P.W. 4 was not there, it is the case of the prosecution that she returned home. On her way home she met Lily Sarkar, (P.W. 8) and Mamoni, both being her friends.. The victim was seen last at the gate of her house by one Keshab Mohanta, uncle. On 21st November, 1992, an attempt was made to find out the whereabouts of the missing girl. As no information was received, a GD entry was made with the local police station, being Kaliyaganj GDE No. 711 dated 22nd November, 1992.
(3.) ON 25th November, 1992, the body of the victim girl was discovered in the field in front of Chandmoyee School. The brother, P.W. 1 filed an FIR being Kaliaganj Police Station Case No. 180 of 1992, dated 25th November, 1992. On registration of FIR investigation was undertaken and thereafter inquest was made and the body of the victim sent for post mortem. From the post mortem report it appears that the body was in decomposed condition, the hymen was raptured and the vaginal wall lacerated. The death was due to shock and was termed as ante mortem and homicidal in nature. One cut -throat wound was also found on the front of the neck by the post mortem surgeon and was recorded in the post mortem report and substantiated by his evidence.;