Siddhartha Chattopadhyay, J. - (1.) Doubting the correctness of the order of conviction dated 15.11.2008 and order of sentence dated 17.11.2008 in respect of five convicts/appellants namely Mihir Das, Smt. Felu Das, Smt. Menoka Das, Smt. Kamala Das and Lakshman Das and the order of sentence in respect of convict/appellant Dhananjoy Das dated 27.01.2009, the aforesaid appellants filed these criminal appeals and prayed for setting aside the order of conviction and order of sentence imposed against them on the ground that the learned Trial Court failed to appreciate the position of law and the evidence led by the prosecution witnesses in its proper perspectives. According to the appellants, learned Trial Court most unreasonably relied on the prosecution evidences, which are admixture of falsehood.
(2.) In the interest of effective adjudication, factual aspects needs to be relooked. Sieving out unnecessary details, the prosecution case in a capsulated form is such that on 12.04.2006 in the evening at or about 6 P.M. when the defacto complainant (Bulu Das) was coming back after having a bath from Morokka Pukur (Pond), the convict/appellant Dhananjoy Das made some indecent proposal to her. After coming back to her house, she has disclosed her grievances to her parents and family members. Her inmates raised protest and there was altercation between the two families. At or about 9 P.M. the convicts/appellants came to the house of the defacto complainant as well as the victims and began to assault Biswanath, Basudeb and Helaram mercilessly and practically Helaram was lynched to death. Other victims namely Biswanath, Basudeb also sustained severe injuries. All of them were taken to hospital but on the way Helaram breathed his last. Ventilating these ill-episode, the defacto complainant came to police station being accompanied by Bibhas Sen (scribe) and others and lodged the F.I.R. raising her fingers against the convicts/appellants, who according to her, are responsible for the prematured death of her father as well as for the injuries sustained by the other victims.
(3.) Soon after the F.I.R. was registered, the prosecution agency came into operation. In course of investigation P.W. 20 (Narayan Chandra Samanta) diarised the entry, which was received soon after the occurrence and started an unnatural death case. In course of investigation, he has collected the inquest report of the deceased Helaram, collected injury reports in respect of other victims. He has recorded the statement of the relevant witnesses under Section 161 Cr.P.C., prepared rough sketch map with index, seized the offending weapons, arrested the convicts/appellants. After arresting all of them, had submitted charge-sheet under Section 341/302/34 of the India Penal Code read with Section 325/34 of the Indian Penal Code. On perusal of the materials on record learned Trial Court has framed charges under Section 302/325/341/34 of the Indian Penal Code. Charges so framed were read over and explained to the convicts/appellants to which they pleaded not guilty and claimed to be tried.;