- (1.) THE death reference and the appeal arose out of an order dated 16th May, 2006 passed by the Additional Sessions Judge. Fast Track court, Nabadwip in Sessions Trial No. 14 (Vlll)/2003 arising out of Sessions case No. 62 (8)/2005 by which the appellant was convicted of an offence under Section 302 of the Indian Penal Code for murdering Anima Pramanik, aged about 30 years and her son Subhankar Pramanik @ Kebal, aged about 12 years ; under Section 307 of the Indian Penal Code for attempting to murder Jeevan Krishna Chakraborty, aged about 60 years and under Section 326 of the Indian Penal Code for assaulting the said Jeevan Krishna chakraborty with a dao on his left wrist causing fracture and dismemberment of his right index finger. By the order dated 17th May, 2006 the convict was sentenced to death for the offence under Section 302 of the Indian Penal code subject to confirmation by this Court in terms of Section 366 of the cr. P. C. The convict was also sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for a further period of six months for the offence punishable under Section 307 of the Indian Penal Code and he was also sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for three months for the offence punishable under Section 326 of the Indian Penal Code. Both the reference and the appeal have been heard together and this judgment will govern both the reference and the appeal.
(2.) THE prosecution version briefly stated is as follows :-On 7th May, 2005 at about 11. 15 hrs. a telephonic message was received by the P. W. 37 N. C. Mondal, an Assistant Sub-Inspector of nawadeep Police Station, intimating him that between 10. 45 hrs. and 11. 10 hrs. on 7th May, 2005 one Haru Ghosh, son of Mohan Ghosh of ramchandrapur Ghoshpara, assaulted three persons of the said village by a sharp cutting dao and tried to assault others and that police help was immediately needed. Shri Mondal recorded a G. D. Entry bearing No. 300 dated 7th May, 2005 and informed the Inspector-in-Charge of the Nabadwip police Station. Shri Amitava Ghosh (P. W. 39) Inspector-in-Charge, nabadwip Police Station, along with Sub-Inspector Arup Kumar Sarkar and available police force proceeded to Ramchandrapur Ghoshpara and reached at about 11. 25 A. M. They met the informant Samir Ghosh (P. W. 1) who narrated to them the occurrence that had taken place. The bodies of a female and a male child, near the tubewell of the house of the victims, were found. P. W. 39 Mr. Amitava Ghosh asked the informant Mr. S. Ghosh to state the occurrence in writing in pursuance whereof a written complaint was submitted by him which has been marked exhibit '1'. The written complaint was sent to the police station for starting a case which was started at 1. 15 a. M. on 7th May, 2005 as would appear from the evidence of the Assistant sub-Inspector D. Sankar (P. W. 38 ). P. W. 42 Mr. D. Sarkar the accompanying officer started interrogation.
(3.) FROM the written complaint it appears that upon hearing a hue and cry the complainant (P. W. 1 ). aged about 21 years, came out of his house and found the accused Haru Ghosh, aged about 35 years, strangulating Subhankar Pramanik, aged about 12 years. Upon intervention subhankar was released from the clutches of Haru. Subhankar was already bleeding from his mouth. Anima, mother of Subhankar, took him to the nearby tubewell. She was pouring water on his mouth and face. Shyamal ghosh, a neighbour, with a dao in his hand was watching the incident. Haru snatched the dao from Shyamal Ghosh and started assaulting Subhankar and Anima with the aforesaid dao indiscriminately. Both of them collapsed on the ground with severe bleeding injuries Hani thereafter ran with the dao. A few minutes later the informant had come to know that Haru Ghosh had gone to Jeevan Krishna. Chakraborty's house and hacked him with the aforesaid dao. The informant also came to know that Haru had also gone to the house of one or two others. The bleeding Anima and Subhankar with the help of police were sent to the Pratapnagar Hospital. Anima was declared brought dead. Subhnakar's condition was stated to be very critical.;