SIDDHARTHA CHATTOPADHYAY,J. - (1.) This instant criminal appeal emanates from the judgment and order of conviction dated 28.04.2008 and 29.04.2008 passed by the Additional Sessions Judge fast track Court II Howrah in sessions trial No. 602 of 2005 convicting the appellants under Section 302/34 read with Section 201 of IPC. Back ground facts in a capsulated form are as follows:
(2.) The accusations which laid foundation of the prosecution case reveals that on 11.07.2005 during wee hours (02.00 hrs.), one Jhantu Dolui who happens to be a member of Bataitala RG party was informed by a night guard of Nepali origin that near Kali Temple a dead body wrapped in a blanket and tied with rope was left on the road. The head of the dead body was wrapped with a white sack of cement and some portions of the deceased's leg was found visible from outside. There were stabbing injuries in his person. On the basis of such information police has started investigation.
(3.) Feeling aggrieved and dissatisfied with the said finding and order of conviction of the learned Trial Court, the appellant preferred this appeal on the ground that the learned Trial Court failed to appreciate the evidence and documents adduced by the prosecution in its proper perspective. According to the appellant, it is a case of 'last seen together' but there is no iota of evidence as to when the victim was murdered. They further added that the prosecution hopelessly failed to show the proximity and the circumstances of its commission. It is also submitted from the defence side that the dead body was not identified and the learned Trial Court only relied on the statements recorded under Section 164 Cr.P.C. of the accused persons. There is no corroboration of such statements recorded under the style of 'confessional statement'. This apart, the appellant had also taken a plea that there is no substantial compliance of Section 27 of Evidence Act regarding seizure of the offending weapon. Ventilating their such grievances they have prayed for acquittal. ;