JAHANGIR ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The death reference Case No. 3 of 2009 and the Criminal Appeals being C.R.A. No. 553 of 2009 and C.R.A. No. 569 of 2009, all are arising out of a common judgment and order passed by the Learned Additional Sessions Judge, Fast Track, 2nd Court, Malda, whereby the Learned Judge convicted the said two Appellants, viz., Anarul Hoque and Jahangir Alam under Sections 302/34 of the Indian Penal Code, they were sentenced thereunder to death and to pay a fine of Rs. 50,000/- each in default to suffer rigorous imprisonment for 4 months. They were also convicted under Sections 376 (2)(g)/511/34 of the Indian Penal Code and sentenced to suffer half of the imprisonment for life and also under Sections 201/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/- each and in default to suffer imprisonment for 15 days.

(2.) It is the case of the prosecution that one Dipali Roy, aged about 12 years and the daughter of P.W. 1 Krishna Pada Roy as usual on July 28, 2006 at 9.30 a.m. in the morning went to her school Hiralal Balika Vidyalaya where she was a student of Class VI. At about 4 p.m. after the school was over she went straight to the house of one Manik Biswas at village Gandhara for taking her tuition and she left her coaching class at around 6.30 p.m. Since even after 7 p.m. she did not returned home, her parents started searching for her and at around 12 midnight her dead body was discovered in a partly concealed condition in a jute field.

(3.) Following the discovery of the dead body, the P.W. 1 who happened to be the father of the victim reported the incident in writing to the local police station, whereupon a case under Section 376 (2)(g)/302/201/34 of the Indian Penal Code was registered against the three accused persons.