IMPORTANT POINT
Conviction can be based on confessional statement of an accomplice if sufficiently corroborated.

JUDGMENT :

The appellant herein, along with three other accused persons, was convicted under Sections 302, 34, 120B and 394 of the Indian Penal Code (IPC) by the Trial Court and was sentenced to suffer imprisonment for life for the offences punishable under Sections 302, 34 and 120B IPC and for 10 years rigorous imprisonment and in default to suffer rigorous imprisonment for six months for the offence punishable under Section 394 IPC, for the murder of an elderly couple Girish Navalkha and Bina Navalkha at their Flat No. 10C, 10th floor of Rameshwar Apartment at 19A Sarat Bose Road, Kolkata-20.

2. Brief facts involved in the instant appeal are as follows:-

A case was registered under Section 302/34 IPC against some unknown miscreants on the basis of the statement of one Jugal Kishore Khetwat at Bhabanjpur Police Station on 25th December, 1991.

3. As per his statement, Mr. Khetwat was a family friend of the couple and used to visit their flat regularly in the morning and used to have his tea with them. It is further stated that on 24th December, 1991, at night both the husband and wife were to accompany him to a party at New Kelinworth Hotel, but due to indisposition of Girish Navalkha, the couple did not join him and he alone attended the party and returned to his flat at 10A, Rameshwar Apartment at dead hours of night.

4. It is stated by Mr. Khetwat that in the morning of 25th December, 1991, as per his regular routine, when he came to the flat of Mr. Navalkha, he found the same locked and in spite of pushing the doorbell, no response came. Thereafter, when he found the servants of Navalkha family entering into the flat, he followed them and being attracted with the shouting of the servants and to his utter surprise, he found Bina Navalkha lying almost in naked condition on the bed with a sari tied around her neck by one end and the other end of the sari was tied with the rod of the ceiling fan. Mr. Khetwat also found Girish Navalkha lying dead on his chair in the study room with a shawl tied around his neck. Mr. Khetwat also noticed ransacking of the rooms of Navalkha family and, in his statement, he apprehended that the couple were killed, perhaps, for robbery.

5. At the early stage of investigation, the appellant, Khokan Giri, who happened to be a servant at the office of Mr. Khetwat located at the ground floor of the apartment, was taken into custody and, thereafter, one Raju Rao was arrested followed by the arrest of Bimala Khetwat, who was none else than the wife of Mr. Jugal Kishore Khetwat and, thereafter, Kamini Dey was arrested and lastly, one Jagadish Jadav was arrested from his Bihar residence.

6. According to prosecution, in the course of the investigation and soon after the arrest of Khokan and Raju, articles alleged to have been stolen from the flat of Navalkha family were recovered from the possession of Raju Rao and some incriminating articles were also recovered from the possession of Khokan.

7. Raju Rao, soon after his arrest, gave a confessional statement, which was recorded by a Magistrate and following that confessional statement of Raju Rao and at the instance of Raju Rao and Khokan, two Yashica cameras were also recovered.

8. Raju Rao, along with other accused persons, was chargesheeted after the completion of investigation and after commitment of the case before the Court of Sessions, Raju Rao, by filing an application, expressed his desire to become an approver and to give evidence disclosing the full particulars behind the murder of the Navalkha couple and from the evidence of Raju Rao along with his earlier confessional statement, the real mystery behind the murder of Nvalkha couple was revealed as per the prosecution.

9. From the confessional statement of Raju Rao, it was found that Mr. Khetwat, husband of Bimala Devi Khetwat, had an alleged illicit relationship with Bina Navalkha, wife of Girish Navalkha, and both Bina and Girish, exploiting the said relation prevailing between Mr. Khetwat and Bina Navalkh