Sanatan Naskar & Anr vs State Of West Bengal

2. To examine the merits of these contentions reference to the case of the prosecution and the facts, as they emerged from the record, would be necessary.

3. On 28th April, 1999 at Police Station Jadavpur, a case was registered under Section 302/34 of the Indian Penal Code 3 (hereinafter referred to as `IPC') against unknown miscreants for causing death of one Smt. Phool Guha, wife of Dr. Ashim Guha, resident of 11/1 East Road within Jadavpur Police Station. This case was registered on the basis of the complaint made by Dr. Ashim Guha (Ext. P.1) which reads as under:

As is evident from the above complaint that Dr. Ashim Guha, husband of the deceased, his son Debmalya and daughter-in-law Indira had left for Garihat on 28th April, 1999 at about 8.15 P.M. The deceased was all alone at home. When they returned home at about 9.30 P.M. they found a large gathering in front of the house. Upon entering the house, they found that Phool Guha was lying dead inside the room of her daughter-in-law with tongue protruded and with some marks of bruises on her body and blood trickling out of her mouth. It transpired that the assailants committed the murder of his wife and had ransacked both the rooms as the household articles were lying scattered. Mrinal Kanti Roy, the Investigating Officer, who was later examined as PW 13, commenced his investigation. He 6 called for experts including dog squad. The photographs were taken. The dog squad was brought to the place of occurrence. After sniffing the place of occurrence, taking the round of the house and also sniffing the handkerchief lying on the face of the deceased, the dogs could not identify anyone present there. Thereafter inquest of the deceased was taken with the help of the relatives. The body was taken to Mominpur Police Morgue by the constable where the post mortem of the deceased was conducted and the report is Ext. 8. From the place of occurrence certain articles were recovered and seizure memos were prepared whereafter both the rooms at the upper floor of the house were locked. The saliva and blood staines, where the body was found, were also seized by scraping floor and 7 separate seizure memo was prepared and marked as Ext. 3. After some enquiry and investigation, the Investigating Officer arrested Sanatan Naskar, Appellant No. 1 on 8th July, 1999 from village Khasiara. He admitted his guilt in commission of the crime as well as identified the handkerchief recovered as his own. During investigation this appellant made a statement, which led to the recovery of wrist watches, which were allegedly looted from the house of the deceased. He also informed about the involvement of accused Mir Ismile, Appellant No. 2, who was arrested on 11th July, 1999 from Jugi Battala and he also, during investigation, made a statement leading to the recovery of two wrist watches as well as camera. The watches were recovered vide recovery memo Ext.6. 8 The camera was recovered on the statement of the said accused from village Jhijrait for which the seizure memo Ext. 5 was also prepared. An attempt was made to recover jewellery from the shop, which was raided, but nothing could be recovered. The Investigating Officer then recorded the statements of number of witnesses, but in particular Jahar Chatterjee @ Kakuji (PW5), Indira Guha (PW6), Ali Anam (PW8) and Biplab Talukdar (PW9) respectively and after completion of the investigation, a charge sheet under Sections 302/411/34 IPC was filed before the Court of competent jurisdiction. The case was committed to the Court of Sessions by the learned Magistrate vide order dated 28th November, 1999. After trial and recording of the statements of the accused under Section 313 of the 9 Criminal Procedure Code (hereinafter referred to as `Cr.P.C.') the learned Sessions Judge, by a detailed judgment, convicted both the accused and punished them as under:

4. Aggrieved from the judgment of guilt and order of sentence dated 6.12.2000, the appellants filed an appeal before the High Court. The High Court declined to interfere with the judgment of the learned trial Court. Even on the question of sentence the High Court found that adequate and just sentence had been awarded. In other 11 words, the High Court even declined to interfere on the question of quantum of sentence and dismissed the appeal vide order dated 7 th February, 2005 giving rise to the filing of the present appeal under Article 136 of the Constitution.

7. Now let us examine certain material facts which would help in understanding the chain of events in its correct perspective. PW 8 and PW 9 have specifically stated that on the date of occurrence they had seen the accused near the place of occurrence. PW5 and PW 6 have also stated that the accused were known to the family of the deceased. Most important statement pointing towards the normal practice of the house and likely involvement of the accused is pointed 22 out in the statement of PW6, Smt. Indira, the daughter-in-law of the deceased. Besides referring to their departure from the house along with others and returning back to the house at about 9.30 P.M., she also stated that she found her mother-in-law, the deceased, lying on the floor and blood coming out of her mouth from the right side. The house was ransacked. She specifically stated that she would be able to identify the wrist watches and the camera and she gave the make of wrist watches and camera i.e. HMT and Titan wrist watches and Paintax camera. All the articles were identified by her as Ex.P.4 and P.5 respectively. About the accused knowing the family as well as how they used to open the entrance door she stated as under: 23

19. For the reasons afore stated the appeal is dismissed.