Amit Talukdar, J. - (1.) ABLUTIONS over, she was preparing to repair for the night when death claimed her in some horrendous circumstances.
(2.) SINCE her Father-in Law, P.W.2, Bishnupada Dutta grew restive on account of her non-arrival from the pond of Lakhpukur, where she had gone to wash herself, he set on a search along with some co-villagers. The same yielded to the discovery of her mortal remains in a dishevelled condition under a wood apple tree in the vicinity of the said pond with injuries. It is the cause of such death, circumstances leading to it and the role played by these two appellants in the commission of the same, is required to be tracked by us in this appeal so as to appreciate the impact of the finding of the learned Additional Sessions Judge, Second Court, Burdwan in Sessions Trial No.7 of 2007 arrived at on 29.01.2008 whereby the appellants (both the appeals being heard analogously, are being disposed of by this common judgment and the appellant Dilip Kumar Dey @ Dilip @ Dilu in C.R.A. No. 141 of 2008 is referred to as 'A-1' whereas appellant in C.R.A. No. 214 of 2008 Shristidhar Roy @ Bhombal @ Hambul is referred to as 'A- 2') were sentenced to suffer imprisonment for life and to pay rupees six thousand each; in default to suffer rigorous imprisonment for one year more in respect of their conviction for the charge of section 302/34 of the Indian Penal Code. Even though both the appellants were found guilty in respect of the charge of section 201/34 of the Indian Penal Code; however, no separate sentence was awarded as already they were directed to cover a life term.
(3.) BACKGROUND facts leading to the initiation of the present case can be traced back to a monsoon evening of 16.08.2006 when Chandra Dutta @ Khuku the Daughter of P.W.I, Kartick Ch. Roy, who was given in marriage to P.W.4, Maloy Dutta had been to the nearby pond for a wash. But since she did not return till late evening, this persuaded P.W.2, Bishnupada Dutta to conduct a search. The deadbody of deceased Chandra was found with her wearing apparels ajar under a wood apple tree standing near the pond. He took out a written complaint (Ext.3) before P.W. 26, Jugal Chandra Biswas, the Investigating Officer, who directed P.W.20, Md. Ayub Hossain to submit the same to the police station which resulted in registration of the formal FIR (Ext.8) at the instance of the P.W.24, Ajoy Dey, Sub-Inspector of police, who at the relevant date and time was posted as sub inspector of police, Khandaghosh Police Station.;