Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 29th/30th November, 2011 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad in S. Sl. No.67 of 2009 (S.T.No.230/Dec./2009 convicting the appellant no.2 for commission of offence punishable under Sections 364/120B of the Indian Penal Code and the appellant Nos.1, 3 to 8 for commission of offence punishable under Sections 120B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 8 years each and to pay fine of Rs.5,000/- in default to undergo rigorous imprisonment for six months more.
(2.) Prosecution case, as alleged, against the appellants is to the effect that on 14.05.2006 at about 4.30 hours, minor daughter of the defacto complainant Abdul Basir, P.W.2 who had gone to the field to attend nature's call was dragged away by appellant no.2 to his residence. Other appellants abetted the appellant no.2 in the said act. Later on, defacto complainant went to the house of the appellants who, however, refused to disclose the whereabouts of the victim. Thereafter, the defacto complainant informed the incident to the police but they did not take any action. Under such circumstances, the defacto complainant was constrained to take out an application under Section 156(3) of the Code of Criminal Procedure against the appellants under Section 364/34 of the Indian Penal Code. In the meantime, appellant no.6 admitted that his son, appellant no.2, had killed the victim. It is also alleged that the appellant no.2 had admitted in a salish that he had killed the victim. The victim, however, could not be recovered till date.
(3.) In conclusion of investigation, charge sheet was filed against the appellant no.2 for commission of offence plunishable under Section 364/120B of the Indian Penal Code and against the appellant Nos.1, 3 to 8 under Section 120B of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad for trial and disposal. Charges were framed under Sections 364/120 B of the Indian Penal Code against the appellant no.2 and under Sections 120B of the Indian Penal Code against the appellant nos.1, 3 to 8. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined eight witnesses in support of its case and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial, the trial court by its judgement and order dated 29th/30th November, 2011 convicted and sentenced the appellants, as aforesaid.;