Padma Khastgir, J. - (1.) Bhola Jadav & Rakesh Singh, being aggrieved by a conviction under section 302 of the Indian Penal Code, read with section 34 and sentenced to undergo imprisonment for life, had preferred the present appeals. The appellants together with Papu Singh and Nathmal Sharma were charged under section 304 read with section 34 of the Indian Penal Code under the following facts and circumstances : It was the prosecution case that on 19th December 1979, the victim Rahaman stated to be a rough and roudy of Jorasanko Police Station was found lying dead on the ground floor of Mehta Building, in a pool of blood with multiple stab injuries.
(2.) On the same day at about 14-05 hrs. the Assistant Sub Inspector Manik Lal Chowdhury attached to the Hare Street Police Station received a telephone call to the effect that a disturbance was going on at Mehta Building. The Sub Inspector, D. R. Bardhan with available force and officers rushed the place of occurrence at about 2-50. He seized some articles, informed the control room and requisitioned the services of photographer, footprint expert and plan maker. He on return at the police station at about 6-50 made a G. D. Entry No. 1913 which was treated as the F.I.R.
(3.) It was only on 20th December, 1979 at about 2-00 P.M. the Investigating Officer of the case examined and recorded the statements of some witnesses. In spite of examination and interrogation of the witnesses and other persons none of the accused persons could be apprehended earlier to 20th July, 1982 when on source information Bhola Jadav one of the appellants was arrested. The investigation of the case was taken over by the D. D. Homicide Squad, Lalbazar.;