- (1.) This Criminal Appeal is directed against the judgment and the Order of conviction and sentence passed by the Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No. 1 of May, under Section 302 of the Indian Penal Code arising out of Indus P.S. Case No. 19 of 1981.
(2.) The facts, in short, leading to this case are as follows :- The deceased Abu Bakkar was the husband of the informant viz. Sahara Begum. The deceased had amorous relationship with the 1st wife of the convict-appellant - Sadre Alam Mullick. On 30-8-1981 at about 9.00 p.m. after taking the night meal the deceased - Abu Bakkar came out of hishouse when the convict-appellant with the help of the other accused persons forcibly abducted him in presence of the informant and took the deceased to the house of the convict-appellant. The informant called her brothers-in-law and the father-in-law. The brothers-in-law went to the house of the convict-appellant and found that the deceased was being assaulted with sharp cutting weapon. On being afraid they could not interfere and silently they came back and reported the incident to the informant. The informant raised alarm and at that time she heard the sound of two firings. The villagers also were attracted and they went to the house of the convict-appellant where they also found the dead body of Abu Bakkar with multiple bleeding injuries on his person lying on the ground.
(3.) Another important aspect to this incident of murder appeared from the evidence of the police officer. According to that police officer viz. Sri D. K. Chanda, on 31-8-1981 at about 6.30 a.m. one of the accused persons viz. Aminual Haque son of accused Abdul Gani called at the police station, Indus and informed that a burglary was being committed in the house of the convict-appellant Sadre Alam Mullick on the previous night and the owner of the house assaulted the thief with a cuttery and the thief expired as a result. On the basis of this information Indus Police Station Case No. 18 dated 31-8-81 was started, under Sections 457/380/307 and 511 of the Indian Penal Code. On the basis of that information when the police reached the village they found the dead body of Abu Bakkar in the house of the convict-appellant - Sadre Alam Mullick and they also recorded the statement of the widow of the deceased on the spot which was treated as First Information Report and the formal FIR was drawn up on its basis starting Indus P.S. Case No. 19 dated 31-8-81 and investigation was started. Ultimately, according to the police officer, the Indus P.S. Case No. 18 dated 31-8-81 ended in a final report with the prayer for starting a case against the informant under Section 211 of the I.P.C. and the present case viz. Indus P.S. Case No. 19 dated 31-8-81 ended in charge-sheet against five accused persons under Sections 364/34 and 302/34 of the I.P.C.;