Alok Kumar Basu, J. - (1.) This appeal was preferred challenging the order of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court, Alipore in the district of 24 -Parganas (South) in connection with Sessions Trial No.l(l) of 1995 corresponding to Sessions Case No. 18(7) of 1994 arising out of section R Case No. 3 dated 10th February, 1994.
(2.) In all name of three persons figured in the final chargesheet submitted by police under section 302/201/34 of the IPC and of those three persons, Md. Mayeen @ Raju did not face the trial and hence, charge under section 302/34 of the IPC in the alternative section 201/34 of the IPC was framed against the present appellants Md. Nadir and Md. Ajad.
(3.) The prosecution case, in brief, was that on 10th February, 1994 in the afternoon, deadbody of an unknown youth was found in the Christian Cemetery at 184, A.J.C. Bose Road, Kolkata-17 within P.S. Beniapukur. The deadbody was detected by the Secretary of the said Cemetery and Beniapukur P.S. was informed and thereafter holding inquest over the deadbody, arrangement was made for post-mortem examination of the same.;