MD.MUMTAZ KHAN,J. - (1.) The subject matter of challenge in these appeals are the judgment, order of conviction and sentence dated January 30, 2006 and January 31, 2006 respectively passed by the District and Sessions Judge, 3rd Fast Track Court, Bichar Bhavan, Calcutta in Sessions Trial No. 1(12) 2000 arising out of Sessions Case No. 49 of 2000. By virtue of the impugned judgment appellants were convicted for commissioning of the offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/ - in default to suffer rigorous imprisonment for one year with a direction of set off as per provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.). They were, however, acquitted from the charge punishable under section 201/34 IPC.
(2.) The genesis of the case is the Amherst Street P.S. G.D. Entries Nos. 2758 and 2766 both dated December 19, 1999. The prosecution case, in a nutshell, is discussed hereunder: - On December 19, 1999 at about 6.45 hours P.W.17 received an anonymous telephonic information at Amherst Street P.S. that one gunny bag stained with blood with bad smell coming out from that gunny bag was lying abandoned in front of premises No. 121, Keshab Chandra Sen Street near Harijan Naba Yubak Sangha. Accordingly after diarising the said information in the P.S. G.D. Book, P.W.17 rushed to the spot along with force to ascertain the fact. On arrival at the spot P.W.17 found one gunny bag stained with blood partly covered with cotton wrapper (kantha) and tied up with ropes emitting foul smell was lying abandoned on the lane in front of premises No. 121/H/4, Keshab Chandra Sen Street near Corporation Water Tap behind Sitala Temple and people had already gathered at the spot. On cutting open the gunny bag in presence of the witnesses a dead body of an aged man wrapped up with white synthetic gunny bag bearing injuries on the abdomen, nose, cheeks, both hands and back of the shoulder and the intestine of the victim exposed through the big cut abdominal injury was found. The dead body was defaced due to cut injuries on his nose and cheek and none of the crowd gathered at the spot could recognize the deceased. Arrangement for taking photographs of the victim and the place of occurrence were made, alamats were seized, witnesses were examined and the dead body of the victim was sent to Calcutta Police Morgue for inquest as also post mortem examination.
(3.) Thereafter, on returning to the P.S. P.W.17 made another G.D. Entry in the P.S. G.D. Book and registered the case being Amherst Street P.S. Case No. 267 dated December 19, 1999 under Section 302/201 IPC against the unknown persons. Post mortem examination over the dead body of the victim was held at Calcutta Police Morgue on December 20, 1999 where the autopsy surgeon opined the death was due to the effects of the injuries mentioned in the PM report which were ante mortem and homicidal in nature and there was also evidence of attempt of strangulation by ligature. During investigation involvement of appellants along with Prem Das @ Prema, and Bijoy Das transpired and accordingly appellant Ranjit Das @ Mintu (appellant in CRA 625 of 2006) was arrested on December 14, 1999 and Prema Das @ Prem Das was arrested on December 26, 1999 from his native village in Bihar and thereafter in pursuance of the statement of Prema Das @ Prem and being led by him one blood stained Nepala, the weapon of offence, (Mat. Ext. No. X) and other articles were recovered and seized from the concealed place inside the room of appellant Ranjit Das @Mintu.;