- (1.) IN a Sessions Trial the appellant Ashiruddin Sk. @ Paltu Sk. and another Pramila Marjit were convicted under Sections 302/364/201/34 of the Indian Penal Code and sentenced thereunder to suffer imprisonment for life, rigorous imprisonment for 10 years and 2 years respectively with fine and default clause for abducting one Jabir Sk. in order that he might be murdered and for committing murder by intentionally causing death of Jabir Sk. and for causing disappearance of the evidence of murder.
(2.) AGAINST the aforesaid order of conviction and sentence only the convict Ashiruddin Sk. @ Paltu Sk. preferred this appeal, so far as the other convict Pramila Marjit is concerned, we have been informed by the Learned Counsels of the parties that she has not preferred any appeal questioning the validity of her conviction. In this connection it has also been reported by the criminal section that no appeal has been preferred by the convict Pramila Marjit against her conviction.
(3.) THE background facts of this case are as follows; on December 10, 1996, P. W. 1 Maniruddin Sk. lodged a FIR with the Khargram Police Station against unknown persons alleging inter alia that one Jabir Sk. , the brother of the complainant was missing since 7 p. m. on December 6, 1996. During the last two days the complainant and others vigorously searched for him and as he could not be traced out on December 9, 2006 the complainant lodged a missing diary at Khargram Police Station and after lodging the missing diary while the complainant was returning from the police station he was informed by one Khudabux that the dead body of his brother has been found lying in Kagajtala pond besides Shanigram. Following the lodging of the aforesaid First Information Report the police took up the investigation and submitted charge-sheet against the present appellant Ashiruddin Sk. @ Paltu Sk. and one Pramila Marjit for offences punishable under Sections 364/302/201/34 of the Indian Penal Code and for the self-same offence they were charged in the trial before a Court of Sessions.;