ALOK KUMAR BASU

(1) IN a case of rape with murder, Munsi Abdul Kasem @ paltu, Jitu Sk., Jhantu Sk. and Mansoor Barajee were convicted both under Section 376 (g) and Section 302/34 of the Indian Penal Code and all of them were sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/-each both under Section 376 (g) and under Section 302/34 of the Indian Penal Code by the learned Additional Sessions Judge, 3rd Court Murshidabad in connection with Sessions Trial No. 1st May, 2003 corresponding to Sessions Case No. 231 of 2002.

(2) JITU Sk., Jhantu Sk, and Mansoor Barajee preferred Criminal appeal No. 502 of 2003 from jail while Munsi Abdul Kasem @ Paltu preferred Criminal Appeal No. 3 of 2004 from jail and since both the appeals are directed against a common judgment, we have taken both the appeals together for hearing and disposal.

(3) THE fact of the prosecution case in brief was that on 20th October, 2001 daughter of Khodeja Bibi of village Patikabari under P. S. Nawda in the district of Murshidabad had left her house at 3. 30 p. m. in the afternoon for the purpose of getting some old garments stitched by appellant Munsi Abdul Kasem who was a tailor by occupation with the knowledge of her mother. The said daughter of Khodeja Bibi did not come back to her residence within a reasonable time which prompted her mother and other relatives and neighbors to inquire regarding the whereabouts of the said daughter coming at the residence of Munsi Abdul Kasem. Munsi Abdul Kasem evaded positive reply to the quarries of the mother and other relatives and the whereabouts of the girl could not be traced out in course of search and subsequently, on the next morning, a neighbor informed the mother that dead body of the girl was found in a plantain garden near the house of Munsi Abdul Kasem.

(4) ON discovery of the dead body of her daughter, Khodeja Bibi lodged the written complaint at the local P. S. narrating the relevant fact and pointing out her finger of suspicion towards the appellant Munsi Abdul kasem.

(5) ON receipt of the written complaint from the mother of the victim, the police started investigation and in course of investigation, inquest was held over the dead body and it was prima facie established that the victim girl was ravished before murder through strangulation by a scarf. Arrangement was also made for post mortem examination of the dead body. Investigating officer examined the mother of the victim girl along with other available witnesses and made seizure of some articles from the place of occurrence.

(6) MUNSI Abdul Kasem was arrested from his residence and following him confessional statement the other three appellants were also arrested and on completion of investigation, charge sheet was submitted against all the appellants under Section 376 (g) and under Section 302/34 of the Indian Penal Code.

(7) THE prosecution side, during trial, produced eighteen witnesses to substantiate the charges against the appellants and those witnesses included mother of the victim girl, some relatives, neighbors, one Judicial magistrate and the Investigating Officer. It is pertinent to mention that the doctor who conducted post mortem examination was not examined and a carbon copy of the post mortem examination report was produced by the I. O. during trial.

(8) THE learned Trial Judge, after considering the prosecution evidence and after considering submission of the prosecution and the defence counsel, found all the appellants guilty of both the charge of gang rape as well as the murder of the victim girl and he accordingly, recorded his order of conviction and sentence.

(9) ON perusal of the judgment of the learned Trial Judge, it appears that the learned Trial Judge accepted the prosecution case on the ground that a complete chain of circumstances was fully established from the evidence on record which taken together unerringly proved the guilt of the appellants. The learned Judge placed his reliance on t