- (1.) THE appellant, Rajkamal Sharma alias Raju alias Anil Sharma, was tried alorigwith three other accused. The appellant was arrayed as A -1. Ho was charged under Sections 364, 328/34, 302, 394/34 and 201/34 of the Indian Penal Code. The Trial Judge while acquitting Sajal Mukherjee (A -2), Kedar Matho (A -3) and Nagendra @ Nago Paswan (A -4) of the charges framed against them, convicted the appellant alone and sentenced him to imprisonment for life under Sections 364/ 302 of the Indian Penal Code. He was also directed to suffer rigorous imprisonment for a period of five years each under Sections 201 and 328 read with Section 34 of the Indian Penal Code. He was also sentenced to suffer five years rigorous imprisonment for the offence punishable under Section 394 read with Section 34 of the Indian Penal Code and the present appeal is by the appellant, challenging the above said conviction and sentence.
(2.) THE case of the prosecution against the appellant and the other accused, - who were acquitted, is that on 25.10.1996 at about 9 a.m. a truck bearing registration no. BRS -8669 belonging to Sri Gopal Prasad Gupta, who was examined as PW -6, was hired by a person after telling the driver, Sarfuddin @ Sarful (the deceased) that the said vehicle is required for transporting household articles from Siram Toli, Christian Mohalla to Lowadhi (Namkum) where he had built his house. The hiring charge was fixed at Rs. 250/ - and thereafter PW10, Rustam Ansari, and the driver Sarfuddin @ Sarful left with the truck alongwith that person. At about 10 a.m. when the truck was near Siram Toli, the person who had hired the truck got down from the truck and . went to the tea shop and brought two boys telling the deceased Sarfuddin that they are required to help him in loading and unloading the articles. Thereafter, according to the prosecution, the truck was taken to north western corner of Gossener compound where some cotton were taken out from a plastic bag and was pressed by the person, who had hired the vehicle, against the face of the deceased, Sarfuddin, on seeing which the Cleaner ran away. The driver became unconscious and later on, they also caught the Cleaner, who was also forced to smell the cotton and that he also became unconscious. It is the further case of the prosecution that at 2.30 p.m. when the Cleaner, Rustam Ansari, PW -10, regained consciousness, he found himself in the bushes and the vehicle as well as the driver were found missing. According to the prosecution, PW -10 informed the said fact to his employer. PW -6, Sri Gopal Prasad Gupta, and later on the Fardbayan was recorded at Lower Bazar Police Station which was registered as a Crime at 5.30. p.m. on 25.10.1996 in Police Station Case No. 142/1996. The case was registered against unknown accused and during the course of investigation, the vehicle was seized and the body of the deceased was recovered. It was subjected to post mortem on the request of the police officer and thereafter the final report was filed. The learned counsel appearing for the appellant strenuously contends that since all the witnesses have turned hostile and the Trial Judge, having acquitted the other accused, has erred in convicting the appellant alone on the basis of the evidence of PW -6, Gopal Prasad Gupta, who was present when the vehicle was hired by a person.
(3.) WE have heard Mr. Rangan Mukhopadhyay, learned A.P.P. for the State.;