Malay Marut Banerjee, J. - (1.) In Sessions Trial No. 277 of 2008 the Ld. Sessions Judge, Howrah in terms of his judgment passed in the case found both the appellants guilty of the charges under Ss. 302/120B I.P.C. The Ld. Sessions Judge further found the appellant Samir Barik guilty under Sec. 380 I.P.C. Both the appellants were convicted and on their conviction under Sec. 302 I.P.C. both of them were sentenced to suffer imprisonment for life and to pay fine of Rs. 5000/ - each in default to suffer S.I. for six months. No separate sentence was passed for their conviction under Sec. 120B I.P.C. However, appellant Samir Barik was sentenced to suffer R.I. for 2 years and to pay a fine of Rs. 5000/ - i.d. to suffer S.I. for four months on his conviction under Sec. 380 I.P.C.
(2.) One Dipali Bhattacharjee lodged a written complaint on 26.02.2008 at 7.00 in the evening, stating that she had been to the house of one Partha Ghosh whose house is opposite to her house, at about 5.30 p.m., called his wife Srabanti Ghosh but she did not get any response either from her or from her daughter Tithi. It is stated in the F.I.R./written complaint that she opened the half -opened grill gate and the wooden door of the room and entered there, where she found Srabanti Ghosh lying in front of the door of their bed room and was bleeding. She also found that Tithi, the daughter of Srabanti Ghosh was lying near her feet and a pillow was put on her face. It is stated in the written complaint that she understood that both were dead. It is also stated in the F.I.R. that the television inside the room was on, she put on the light and cried and called everyone, and Sharabanti's sister -in -law Boby and some other people rushed there. It is alleged that one or more than one had killed Srabanti and her daughter brutally.
(3.) It is found that charges under Ss. 120B/201/302 I.P.C. were framed against both the appellants for entering into criminal conspiracy to commit the murder of Srabanti Ghosh; for causing disappearance of evidence and for committing the murder of Srabanti Ghosh and further charge under Sec. 302 I.P.C. was framed against accused Somashree Das @ Tusi, for committing murder of Prapti @ Tithi and further charges under Sec. 380/411 I.P.C. were framed against appellant Samir Barik.;