The prosecution must establish guilt beyond reasonable doubt; failure results in acquittal.

JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. This is a death reference case arising out of the judgment of conviction dated July 20, 2019 and corresponding order of sentence dated July 22, 2019 passed by learned 1st Additional Sessions Judge, Sealdah, in Sessions Trial No. 3 (4) of 2015. The three connected appeals are in assailment of the common judgment of conviction and order of sentence involved in the death reference.

2. By the impugned judgment, the appellants were convicted for the offence punishable under Sections 302/201/120B of the Indian Penal Code, 1860. Consequently, by the impugned order of sentence, all the three appellants were awarded with death penalty for the offence punishable under Section 302/120B of the Indian Penal Code, 1860. The three appellants were also sentenced to undergo rigorous imprisonment of seven years each with a fine of Rs.50,000/- each and in default of payment of such fine the appellants were directed to undergo rigorous imprisonment for a further period of one year, for the offence punishable under Section 201/120B of the Indian Penal Code, 1860.

3. The case of the prosecution is that on May 20, 2014 the de facto complainant along with other police personnel were on raid duty on the main gate of Sealdah Railway Station. At about 18.30 hrs, while performing duty, the police party noticed a bedding rolled in a red quilt, a red colour trolley bag and a school bag lying for a long time in the car parking at the main gate of the Sealdah Railway Station. The de facto complainant suspected the article wrapped in the bedding to be part of human body. The de facto complainant informed the matter to the police station requesting the officers and police force for further action. Pursuant to such request, Sub-inspectors T.D. Laha and M.H. Ali accompanied by police force and two doms Shibu Das and Gopal Gupta came to the spot and opened the bedding and the bag. Upon opening, the de facto complainant discovered that one female dead body aged about 28/30 years having beheaded head and amputated both legs and both hands was wrapped in the red color quilt. The head, both legs and both hands were kept in the red color trolley bag. According to the de facto complainant, there was reason to suspect that the lady was murdered somewhere else and her dead body was brought with a view to destroy the evidence of murder.

4. The de facto complainant lodged a suo motu written complaint of the incident with the officer-in-charge of GRPS. On the basis of such written complaint, Sealdah GRPS Case No. 84/2014 dated May 20, 2014 under Sections 302/201 of the Indian Penal Code, 1860 was started against unknown miscreants.

5. The police took up investigation and on completion of such investigation, submitted charge sheet against the three appellants under Sections 302/201/120B of the Indian Penal Code, 1860. The offences being exclusively triable by Court of Sessions, the case was committed to the Court of Sessions. Accordingly, on the basis of materials in the case diary, charges under Sections 302/201/120B of the Indian Penal Code, 1860 were framed against the three appellants on April 21, 2015. The appellants pleaded not guilty to the charges and claimed to be tried.

6. Since all the appeals and the death reference were heard analogously, to avoid prolixity and repetition the contentions of all the appellants and the State are recorded as content