The judgment emphasizes the importance of establishing guilt based on a chain of circumstances and considering the balance of aggravating and mitigating circumstances in sentencing.

JUDGMENT

Bibhas Ranjan De, J. - Two appellants were found guilty and convicted on 27.01.2020 under Section 363/302/201/379/411/34 of the Indian Penal Code (for short IPC) and by the order dated 28.01.2020 they were sentenced to death for the offence punishable under Section 302 of IPC. They are also sentenced for the offences as follows:

And the sentences were directed to run concurrently.

2. Ld. Additional Sessions judge 1st Track Baruipur, South 24 Parganas passed the aforesaid order of conviction and sentence giving rise to Death Reference Case No. 5 of 2020 since under Provision of Code of Criminal Procedure (for short Cr.P.C), death sentence recorded by a Judge is subject to confirmation by this Court. Sabir Ali Laskar and Palan Ali Laskar preferred an appeal against that order of conviction and sentence registered as Criminal Appeal No. 85 of 2020. In connection with Sessions Trial Case No. 02 (10) 2012 arising out of Sessions Case No. 39 (2) 2008 corresponding to Sonarpur Police Station Case No. 509 of 2007 dated 27.09.2007.

3. We propose to dispose of both the death reference as well as criminal appeal preferred by the convict appellants by this common judgement.

4. The prosecution case in a nut shell is: On 27.09.2007 one Daulat Ali Mondal of village Joykrishnapur, Chiary Post Office, Banhoogly in the District of South 24 Parganas, lodged a written compliant before the officer in charge Sonarpur Police Station South 24 Parganas alleging inter alia that his daughter aged about 12 years was found missing on and from 22.09.2007 at about 12 to 12.30 pm and on 23.09.2007 at about 3.00 p.m. her dead body was found in a nearby cannel inside a guava garden situated at Joykrishnapur. Written complaint further shows that Polan Ali Laskar ( for short 'A1'), Sabir Ali Laskar ( for short 'A2') and one of their associate kidnapped his minor daughter and after outraging her modesty threw her dead body inside the cannel after snatching her ear rings. It is further alleged that few days ago A1 and one of their associate threatened to abduct her and murder after outraging her modesty.

5. On receipt of the said complaint the Sonarpur Police Station case no. 509 of 2007 dated 27.09.2007 was started under Section 363/376(g)/302/201/34 of Indian Penal Code (for short IPC) and one Sub Inspector (for short S.I), Somnath Dey attached to Sonarpur Police Station was entrusted with the investigate this case.

6. During investigation S.I Somnath Dey, (PW-14) visited the place of occurrence and prepared rough sketch map with index (Exhibit 10). He examined available witnesses and recorded their statement under Section 161 of Criminal Procedure Code (for short 'Cr.P.C') and collected papers in respect of U.D. (unnatural Death) case being no. 176 dated 23.09.2007. He arrested A1, A2 and Bulu Sarkar @ Sardar during police custody a pair of ear rings of deceased was recovered by a seizure list (Exhibit 4/4) following statement of A1 (exhibit 17). He also collected the Post Mortem Report (exhibit 11). On his prayer Test Identification Parade (for short T.I. Parade) was held in respect of seized ear rings of the deceased.

7. On completion of Investigation, he submitted charge sheet against all three accused/A1, A2 and one Bulu Sarkar @ Bulu Sardar under Section 363/367(g)/302/201/34 of IPC with adding sections 379/411 of IPC. Ld. Additional Chief Judicial Magistrate, Baruipur, South 24 Paragans, took cognizance of the offence and committed the case in respect of A1 and A2 to the Session Judge, at Alipur who then transfer the case to the Court of Ld. Additional Sessions Judge, Fast Track Court, Baruipur, South 24 Parganas for trial. It is pertinent to mention here Ld. Additional chief judicial Magistrate Baripur, inquired about the claim of juvenility of B