JUDGMENT :

(Ajay Kumar Gupta, J.) :

1. The appellant has assailed a judgment and order of conviction dated 21.12.2015 and 22.12.2015 passed by the learned Additional Sessions Judge, 4th Court, Malda in Sessions Trial No. 44(8)/2014 arising out of Sessions Case No. 264/2014, whereby the learned Judge sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer further rigorous imprisonment for six months for an offence punishable under Section 302 I.P.C. read with Section 120B I.P.C. and further sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer further rigorous imprisonment for six months for an offence punishable under Section 364A I.P.C. read with Section 120B I.P.C. Both the sentences run concurrently.

2. Sans unnecessary details the fact of the prosecution case is that on 11.02.2014 at about 4 p.m. on Tuesday minor brother-in-law of the de-facto complainant, Tapas Haldar was missing. There was no trace in spite of intense search everywhere till 12.02.2014. The father-in-law of the complainant lodged a missing diary on 13.02.2014 at Bamongola P.S. Elder brother Malay Haldar received a call on 13.02.2014 at about 14:29 hours from an unknown mobile number on his mobile number 9614306890 where unknown person told him in hindi that “Tomhara bhai lene hai to das lakh rupia le aao nehito tera bhai ko marke parcel karke veg deounga. Besi seyanagiri ba police leke aya to tera bhai nehi milega” (Bring Rs. 10,00,000/-in exchange of your brother otherwise body of your brother will be parcelled. If do anything otherwise or inform police or bring them then your brother will not be available). In reply, he asked where the money would have to be paid then he told that Pakua then Habibpur, thereafter he told that Bulbulchandi rail Bridge ka upar rakhke chale jao. Hearing numerous places Malay Haldar told him that he is unable to move many places as such he finally asked Malay to keep money in the bag near a cycle shop beside Kendpukur School. Accordingly, the de-facto complainant, Malay Haldar, Dulal Haldar, Chandi Haldar, Siddhi Haldar, Chanchal Haldar, Dilip Haldar left to Khendpukur by car. After reaching there, they hid themselves nearby place and some of them keep a bag to the place where they have been asked for. After some time, two persons came together to take the bag but they caught red handed when they touched the bag. On interrogation, they disclosed their names as Asit Biswas and Bipin Sikdar. They further disclosed one Sahadeb Haldar of Bamongola and other had kidnapped the brother-in-law of the de-facto complainant for ransom. They further stated as per instruction of Sahadeb they came to collect the bag. They further disclosed Sahadeb has concealed the dead body of the victim after killing him. On the basis of a written complaint, Bamongola P.S. Case No. 28/2014 dated 13.02.2014 under Section 364A/302/201/120B/34 I.P.C. was registered against the appellant and others. After completion of investigation, the investigating officer submitted charge sheet against the appellant and four others namely, Sahadeb Haldar, Bipin Sikder, Sudip Bose and Puranjoy Biswas @ Pranjay on 12th May, 2014 under Section 364A/302/201/120B/34 I.P.C.

3. Charge was framed under Section 364A/302/120B Indian Penal Code (hereinafter referred to as ‘IPC’) against the appellant and 2 others on 14.08.2014 since other two accused namely, Sahadeb Haldar and Bipin Sikder were found juvenile. Their case was split from the case record and sent to JJ Board for their trial. Charge so framed was read over and explained to the appellant and 2 others to which they pleaded not guilty and claimed to be tried. During trial, the prosecution has examined 15 witnesses and exhibited number of documents i.e. Exhibit nos. 1 to 22 and further produced several materials as Exhibits I to VI to prove its case against the appellant and others.

4. No evidence was adduced on beh