Ashim Kumar Roy, J. - (1.) Samir Sarkar @ Raka, Debashis Ojha @ Mithu and Amit Mahato @ Bapan, these three appellants were placed on trial before the learned Additional Sessions Judge, 13th Court, Alipore, 24 -Parganas (South) to answer charges for having committed offences punishable under Ss. 302/201/34 IPC.
(2.) The charges levelled against them based on the allegations that on February 6, 2001, at around 8.50 hrs., the Sub -Inspector of Police Jugal Kishore Dha (PW/3) at Entally Police Station received an anonymous telephonic call that a female dead body was found floating on the canal opposite to 8B, South Sealdah Road. Immediately, upon receipt of such information and diarizing the same, PW/3 rushed to the spot and with the help of local people the body was retrieved and was taken to the NRS Hospital, and was declared "brought dead". The PW/18 conducted the post mortem and found multiple external bruises and abrasions and marks of ligature. On dissection certain other internal injuries were found. According to the doctor the death was due to the effect of strangulation by ligature and smothering associated with head injuries and ante mortem and homicidal in nature. In the meantime, the PW/11, a taxi driver came to the police and at the morgue identified the dead body as the girl, whom he dropped near to the place of occurrence along with four other boys at around 11/11.30 pm at the fateful night, February 5, 2001. The police then found out two other witnesses, viz., PW/4 and PW/5, who informed the police that they saw the girl in a taxi with four other boys about half an hour before the PW/11 dropped her. They also identified the appellants in T.I. Parade as the boys whom they found with the victim in the taxi.
(3.) After completion of investigation, the police submitted charge sheet against the appellants under Sec. 302/201/34 IPC.;