Joymalya Bagchi, J. - (1.) Both the appeals are being heard analogously and are being disposed of by a common judgment and order.
(2.) Both the appeals are directed against the judgment and order dated 13.11.2017 & 14.11.2017 passed by the learned Additional Sessions Judge, 1st Court, Serampore, Hooghly in Sessions Trial No.02(1) of 2015 and Sessions Case No.148 of 2014 convicting the appellant Subhasish Ghosh @ Bachchu Ghosh for commission of offence punishable under Sections 376/302/201 of the Indian Penal Code and convicting the appellant Rathin Pal @ Ramu Pal for commission of offence punishable under Sections 201/506 of the Indian Penal Code and sentencing the appellant Subhasish Ghosh @ Bachchu Ghosh to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.25,000/- each in default of fine to suffer simple imprisonment for another 10(ten) months for the offence punishable under Section 376 of the Indian Penal Code and to suffer R.I. for rest of his life with fine of Rs.25,000/- for the offence punishable under Section 302 of that Indian Penal Code and to suffer rigorous imprisonment for 5 (five) years with a fine of Rs.10,000/- in default to suffer simple imprisonment for another 5 (five) months for the offence punishable under Section 201 of the Indian Penal Code and sentencing the appellant Rathin Pal @ Ramu Pal to suffer rigorous imprisonment for 5 (five) years with a fine of Rs.10,000/- in default to suffer simple imprisonment for another 5 (five) months for the offence punishable under Section 201 of the Indian Penal Code and also to suffer simple imprisonment for 2(two) years with a fine of Rs.5,000/- in default to suffer simple imprisonment for another 2(two) months for the offence punishable under Section 506 of the Indian Penal Code. All the sentences run concurrently.
(3.) Prosecution case as levelled against the appellants is to the effect that on 04.07.2014 at 1.20 P.M. P.W.1 along with her daughter went to a cyber caf situated in the ground floor of their flat. At 1.25 P.M., P.W.1 went to her flat to drink water leaving her daughter in the cyber caf . She returned after five minutes but could not see her daughter in the cyber caf . She looked around the caf but could not find her daughter. She returned to her flat at 2 P.M. and saw a gathering near a meter box in the eastern side of her flat and found her daughter was lying there in agony. At that time Bachchu, the appellant in CRA 737 of 2018, informed her that he had picked up the victim from the road and kept her there. Bachchu was her neighbour and the owner of a shop named and styled as 'Ma Kamakhha Bhandar'. P.W.1 noted that the string of the salwar of her daughter was torn, her inner garments were torn. There were two blue patches around her throat, rice and froth were coming out from her month and there were abrasions on her buttock. Being helpless she requested Bachchu to call an ambulance, but he procastinated. Thereafter, the ambulance came and her daughter was taken to Re Life Nursing Home for treatment. When she requested to Bachchu call the police, the latter admonished her saying "Do you have no sense, although you are so old? Why will police come? Tell everyone your daughter had suffered a heart attack". The doctor of the Nurshing Home declared her daughter dead and informed her that her daughter had died due to strangulation and sexual assault. At that time Bachchu told her husband, P.W.2 to contact Rathin Pal @ Ramu, a former Councillor of the locality, appellant in CRA 725 of 2018. They went to the residence of Rathin Pal who told P.W.1 & P.W.2 not to lodge F.I.R. He made a phone call from the mobile phone of P.W.2 and deleted the call list. Post mortem was held over the dead body of the victim. Meanwhile police came to the spot and on reaching the roof of the apartment of P.W.1, they found two sandals of her daughter scattered on the opposite sides of the roof and her scarf (orna) was dirty and lying in a ball. Beside it they also found the victims's purse. It is alleged Bachchu used to stare at the victim with his lustful eyes. He used to follow her and had touched her with ill motive on earlier occasions. Out of shame the matter was not reported. A week prior to her death, the victim had informed her mother that Bachchu was planning to commit mischief on her. On the written complaint of P.W.1, F.I.R. was registered in the instant case being Uttarpara P.S. Case No.251 of 2014 dated 16.07.2014 under Section 302/201/376/506/120B of the Indian Penal Code against appellant Bachchu Ghosh and unknown others. In the course of investigation, appellant Bachchu Ghosh was arrested and his blood sample was collected for the purpose of forensic examination with the blood/semen stains on the wearing apparels including the scarf of the victim. Forensic report was received implicating the appellant Bachchu and in conclusion of investigation charge sheet was filed against both the appellants under Sections 302/201/376/506/120B of the Indian Penal Code. The case being a sessions trial one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed against the appellants under different heads to which they pleaded not guilty and claimed to be tried.;