GITESH RANJAN BHATTACHARJEE, J. - (1.) This judgment deals with and disposes of the reference made under Section 366, Cr. P.C. by the learned Additional Sessions Judge, 11th Court, Alipore, seeking confirmation of death sentence imposed by him on the accused persons in S. T. 3(9) 92/S.C. 13(2) 92 and the appeal preferred by he appellants/accused persons against the order of con viction and sentences including the death sentence passed by the learned Additional Sessions Judge in the said case.
(2.) The informant Rabindra Jhunjhunwala was residing at the relevant time in the 3rd floor flat at P-51, C.I.T. Scheme VII-M, Maniktala, Calcutta with his wife Sunita Jhunjhunwala and three minnor children. At the relevant time two servants were also working in his house. The appellants/accused per sons have been convicted and sentenced by the learned trial Judge for committing murder of the said Sunita Jhunjhunwala in the said flat on the 18/09/1991 and also for committing robbery in that flat at that time. Each of the three accused has several names and in evidence reference to each accused has been made on different occasions by referring to any of such names. To obviate the possibility of any confusion regarding the identity of each accused while appreciating the evidence, it is considered necessary to note here the several names of the accused persons which has transpired in evidence. The accused Rabindra Paridha is also known as Rabindra Parija as well as Arun. The accused Babula Jana is also known as Bishal. The accused Jagat Kr. Jana is also known as Jagadish.
(3.) From the evidence of P.W. 2 Rabindra Jhunjhunwala we get that the accused Jagadish was engaged by him in his house as demestic servant 18/19 days before the date of occurrence and the ac cused Bishal was employed in his house as demostic servant 3/4 days after the accused Jagadish was employed. The accused Arun, as we get from P.W. 2, also worked in the house as domestic servant only for three days before the above named other two accused were engaged as domestic servant. P.W. 2 however says that Arun sometimes used to come to their house to meet Jagadish. From P.W. 2 we also get the time of departure of different members of the family every day. Jagadish used to escert Megha and Swati, the two daughters of Rabindra Jhunjhunwala, to the bus step at about 6.30 a.m. so that the said two daughteres could board the school but there. The evidence of P.W. 2 is that as usual between 8.30 a.m. and 9 a.m. he left house for his Dall Mill Factory, situated at 2, Canal East Read, Ultadanga and while he left for that Dall mill on the date of acccurrence, namely, 18/09/1991 there remained his wife and his youngest child Prince and the two servants Jagadish and Bishal in the house. Jagadish had by that time returned from the bus stop where he had gone with the two daughters of Rabindra Jhunjhunwala so that they could board the school bus. The youngest child Prince was a boy and a student of Julien Day School and he used to leave the flat for going to school at about 9.30 a.m. From P.W. 2 Rabindra Jhunjhunwala we also get that he usually used to return for lunch between 2.30 and 3 p.m. On that day also he returned at 3 p.m. The age of the eldest daughter of Rabindra Jhunjhunwala, that is, Megha was about eight years and that of the second daughter, Swati was about six years while the age of the son Prince on the date of occurrence was about four and half years.;