- (1.) The instant appeal is directed against the Judgment of conviction and sentence passed in Sessions Case No. 53 of 1992 (Sessions Trial No. 1 of December 1992) of the 8th Bench of the City Sessions Court, Calcutta.
(2.) The prosecution story may, be stated as follows :- A childless old couple consisting of an octogenerian husband named Durgacharan Das and his 65 year old wife named Aparna Das were living on the ground floor flat of the premises No. 4/1, Bagbazar Street, Calcutta, within P. S. Shyampukur. The appellant was known to the couple. He had a cycle repairing shop in the locality and was on occasional visiting terms with Durgacharan. On 17-1-92 between 11 and 11.30 in the morning, Aparna was cooking in the kitchen. On hearing an alarm raised by her husband, she came out of kitchen and rushed to the bed room to find her husband, Durgacharan lying in a pool of blood on the floor of the room. She also found the appellant assaulting her husband with a knife repeatedly. She raised alarm and the appellant gagged her mouth. She bit the left thumb finger of the appellant and received cut injury on her hand in a bid to catch hold of the knife. The appellant threw her on the ground and stabbed her with knife. A couple from the roof of the neighbouring house saw the assault by the appellant on Aparna inside the bed room through its window. They raised alarm and began to pelt brickbats and green coconut shells at the door of the bed room. The appellant then went out of the bed room and took to his heels. A number of persons from the neighbouring locality rushed to the bed room soon after the occurrence. Durgacharan was then already dead. Aparna was rushed to the R. G. Kar hospital by some of them. A police officer attached to Murder Section, D. D. Lal Bazar received a telephonic information from one Himadri Bose of the locality at about 11.45 a.m. to the effect that an old man was murdered and his wife was stabbed in the premises No. 4/1, Bagbazar Street. He conveyed this information over phone to Shyampukur P. S. While this information was being recorded, one Santosh Dasgupta of the locality arrived at the P. S. to give the information about the murder of Durgacharan. Both the informations were diaried in the G. D. entry No. 1090. A police party from Shyampukur P. S. led by the O. C. rushed to the place of occurrence. The dead body was sent for post-mortem examination. Another police officer from Shyampukur P. S., who arrived at the place of occurrence later, was sent to R. G. Kar hospital for recording the statement of the injured Aparna Das and on the basis of the said statement, the present case was started. Aparna lay admitted in the hospital for 15 days. In the afternoon of the date of occurrence, the son-in-law of the appellant, who is a police constable, returned to his house at 130, Bidhan Sarani from his guard duty at Reserve Bank of India and found the appellant in his house. The appellant confessed before him that he had committed the murder of Durgacharan Das. The son-in-law then took the appellant to Shyampukur P. S. and produced him. The appellant was then taken into custody in connection with the present case and the fact was recorded in the G. D. entry No. 1101.
(3.) During investigation, witnesses were examined u/S. 161 Cr. P.C. and seizure was effected. Many of the seized articles were sent to Forensic Science Laboratory for chemical analysis. The services of a plan maker and a photographer were requisitioned for bringing to light the topographical features of the place of occurrence and its surroundings. After completion of the investigation, charge sheet was submitted against the appellant under Sections 302 and 307 of I.P.C.;