The main legal point established in the judgment is that the appellants were found guilty of murder and sentenced to life imprisonment.

JUDGMENT

1. Death reference and criminal appeal are directed against the judgment and order dated 28.02.2017 passed by learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly in Sessions Trial No. 37(8)/2012 arising out of Sessions Case No. 75/2012 convicting the appellants for commission of offence punishable under sections 302/34 of the Indian Penal Code and directing them to be sentenced to death and to pay a fine of Rs. 10,000/-, in default, to suffer simple imprisonment of one year more.

Prosecution case:-

2. Prosecution case against the appellants is to the effect that one Debjani Sasmal, a 14 year old girl, used to reside with her father, Nemai Sasmal (first appellant) and her step-mother, Purnima Sasmal (second appellant). After the death of her mother Reba, Nemai had transferred land in favour of Debjani and her elder sister Kumkum. Debjani was tortured by the appellants to give consent to the transfer of the land in favour of her step-mother. She was subjected to torture by the appellants. She was not given proper food and clothing.

3. On 30.05.2011, Amar Adak, maternal uncle of Debjani (P.W. 1) received information that she was lying dead at the residence of the appellants. He rushed to the spot and found the child lying on the floor of the house. There was a black spot around her neck. Suspecting the appellants had committed the murder of her niece by strangulation, Amar lodged written complaint at the Khanakul Police Station resulting in registration of Khanakul Police Station Case No. 82/11 dated 30.05.2011 under sections 302/34 of the Indian Penal Code.

4. Inquest and post mortem were held over the body of Debjani. Post mortem was conducted by a team of doctors. They opined death may be due to strangulation by ligature. Final opinion was deferred awaiting viscera report.

5. In conclusion of investigation, charge-sheet was filed and charges were framed under sections 302/34 I.P.C. against the appellants. Appellants pleaded not guilty and claimed to be tried.

6. In the course of investigation, prosecution examined 11 witnesses and exhibited a number of documents.

7. In conclusion of trial, the trial Judge by the impugned judgment and order convicted and sentenced the appellants to death. Hence, the present reference and the appeal at the behest of the appellants.

Arguments at the Bar:-

8. Mr. Mitter with Ms. Biswas for the appellants submitted there is no direct evidence that the appellants committed the murder. Debjani was a minor and her consent was not necessary to transfer the property standing in her name. Hence, motive to commit the crime has not been proved. Witnesses stated about torture on the victim for the first time in Court. Cause of death has not been proved beyond doubt. Seizure of the ligature, i.e., orna is also in doubt. Witnesses made varying statements with regard to the colour of the orna. No evidence is forthcoming who informed P.W. 1 with regard to the death of her niece. It is unclear when the victim was murdered. Presence of the appellants and the time of murder have not been established. Chain of circumstances do not unerringly point to the guilt of the appellants. Hence, they are entitled to the benefit of doubt.

9. Ms. Sinha for the State submitted Debjani was a 14 year old girl. She had been murdered at the residence of the appellants. Apart from the appellants, there was no other adult member living in the house. Post mortem report states she was strangulated. No foul smelling liquid was found in the stomach. This rules out the possibility of poisoning. Hence, non-availability of viscera report would not affect the opinion of the medical board regarding the cause of death, i.e. strangulation. Minor discrepancies in the depositions of witnesses would not affect the credibility of the case. Circumstances relied upon by the prosecution have been established beyond doubt. False plea of suicide taken by the appellants is an additional link to the chain of circumstances. No plea of alibi was r