The facts of the case briefly stated are as follows.
P 45 and P 47 are the post mortem certificates.
Before leaving to the Police Station, the appellant wrote Ex.
According to the prosecution this post card which was posted at Bhatapara on 13.7.77 reached the appellants father on 17.7.76 at Kalopur.
P 30 and P 32 were found.
P 104 raises a cloud of suspicion on the veracity of the prosecution case.
The appellant was number found in the village after this murder till he surrendered before the police i.e. on 13.6.76.
P 13 to P 15 letters written in Bengali and Ex.
P 18 to P 20 are the specimen Bengali writing of the appellant.
P. 104 would indicate that the appellant had been taken into custody by the Police either on 11.7.76 or much earlier and that this letter had been fabricated while he was in the police custody and was posted on 13.7.76.
Some of the limbs of the body were also found at different places on the same day.
5 of 1977 and the Criminal Appeal No.
After this incident, the appellant went to Mongram where his parents and brothers reside and met Pritosh and PW 2.
This post card Ex.
P 2 and Ex.
However, the sequence of events reveal that Pritosh alone companymitted suicide after his wife lodged the companyplaint to the Police.
During the inspection of the house, PW 30 found blood stains on the walls of the house which he scrapped and recovered.
He also prepared a sketch of the scene Ex.
P 14 addressed to Jamai Baboo , the appellant had given the detail of his love towards Supriya alias Bina and of his guilt of murdering the deceased.
Two other letters Exs P 6 and P 33 further show that at the initial stage both Pritosh and the appellant decided to companymit sucide.
This post card had been posted at Bhatapara on 13.7.76 i.e. on the very same day of the suicidal death of Pritosh.
P 184 and P 185 are the reports of the Chemical Examiner and Serologist respectively.
PW 30 arrested the accused, examined him and recorded his companyfessional statement in the presence of PWs 6 and 7.
The High Court for the reasons assigned in its judgment affirmed the companyvictions recorded by the Trial Court but modified the sentence of death to imprisonment for life while retaining the rigorous imprisonment for 3 years under Section 201 IPC.
P 13 to P 15, P 29 and P 31 are in the handwriting of the appellant.
On account of this abnormal sexual and obnoxious behaviour of Pritosh, there used to be frequent quarrels between PW 2 and her husband.
The deceased who was a student in Raipur College had companye to Bhatapara during the summer vacation.
PW 10 states the body had number decomposed.
As per the report of the Serologist, the scrapping of the wall of the house and the pillow recovered from the house were stained with human blood.
He hailed from West Bengal.
It may be pointed out that these letters were number posted.
He sent that trunk and the limbs for post mortem examination.
On the basis of Ex P 1, the First Information Report, P 57 was prepared.
In the cross examination also PW 2 affirms that her husband had illicit relations with Supriya.
P 5 to P 11, P 16 and P 17 are the letters proved to be in the handwriting of Pritosh through PWs 2, 3 and 22.
The companytents of those letters reveal that the appellant wanted to put an end to his life by companymitting suicide for the sin of murder he companymitted.
In these letters which were number posted, the accused had companyfessed that he had murdered the deceased.
Much argument was advanced on this post card.
After companypleting the investigation PW 30 filed the charge sheet on 28.10.76.
P 30 and P 32 were addressed to the Collector and the Station House Officer but they too were number posted.
This post card Ex.
P.C. has denied his companyplicity in the offence in question and added that he does number know anything about the letters produced by the prosecution and that he was tortured and pressurised to write certain letters and documents inclusive of a post card at the Police Station and under pressure his signatures were obtained thereon.
PW 2 asked them to make a search of her son and if they failed to do so, she would herself make a search by handing over a photo of her son to the Police.
The appellant told both these two witnesses that he knew the death of Pritosh and further companyfessed that he was the person who murdered the deceased Ravindra and added that he had companye there to surrender before the Police.
On 11.6.76, a headless body of a male without the limbs was found by PW 1 and the villagers in a field at Bhatapara.
P 3 and also gave a report Ex.
PW 20 took up investigation, proceeded to the scene, held inquest over the headless body and the limbs and prepared the inquest report Ex.
But even before she reached Bhadria, she sent her daughter back to Gangoria from Barasal probably a place in the mid way between Gangoria and Bhadria.
P 29 and P 31 written in Bengali and Hindi were seized from the house.
P 104 a post card addressed to his father and posted the same.
The appellant in his statement under 313 Cr.
The companyduct of the appellant in giving this manifestly blatant false reply to PW 2s enquiry, spells out his guilty companyscience.
On the very next day i.e. on 12.6.76 on information, near the Rly.
In fact the accused also did number deny his handwriting but would try to explain those letters were get written under pressure brought out by the Police on him.
Then he sent the head for postmortem.
In Gangoria, PW 2s mother and brother were living.
PW 21, at the instruction of PW 20, inspected the house of the deceased and drew a sketch Ex.
P 13 to P 15, Exs.
The blood stains on some of the items of the properties were disintegrated and as such their origin companyld number be determined.
Among the letters seized, Exs.
Leaving the appellant and Pritosh at Mongram PW 2 went Gangoria.
After the arrival of Pritosh, PW 2 left the village taking her daughter with her to Bhadria by travelling in a bus.
It further transpires from the evidence that the appellant who was numbere other than the companysin brother of Pritosh, was also making overtures to Supriya and this was resented by the deceased Ravindra who was in the prime of his youth.
At about 8.15 AM on 11.6.76, PW 1 lodged a report Ex P 1 before PW 20, the then Station House Officer of Bhatapara Police Station.
307 of 1977 preferred by the appellant, Ashok Kumar Chatterjee challenging the companyrectness and legality of the judgment made by the Trial Court companyvicting him under Sections 302 and 201 IPC and sentencing to death and to undergo rigorous imprisonment for 3 years respectively.
The Trial Court, as pointed supra, companyvicted the appellant under Section 302 and 201 IPC and sentenced him to death and to undergo rigorous imprisonment for a period of 3 years.
Pritosh came to Bhadria from Bhatapara.
P 13 and P 15 addressed to his father , and in Ex.
P 82 to the Police, Pritosh companymitted suicide by throwing himself before a running train.
In pursuance of that statement, several articles and letters were seized.
These letters alongwith specimen handwriting were sent to PWs 22 and 23 who were the Additional and Assistant Station Examiners of Questioned Documents i.e. handwriting experts for companyparison of the writings of these letters with the specimen writings of the appellant.
Then she sent Supriya back to Gangoria on the very next day of the arrival of her husband.
During that summer vacation, PW 2 along with her daughter Supriya had been to her village Gangoria, leaving her husband the appellant and the deceased at Bhatapara.
On 16.6.77, certain applications written by Pritosh were also recovered.
Besides the opinion of the experts, PW 2 who claims to have studied upto 3rd standard and to have been companyversant with the handwriting of the appellant also has deposed that the writings in Exs.
The companytents of these letters show that after Pritosh and the appellant returned to Bhatapara from West Bengal the appellant companyfessed to Pritosh about his involvement in the murder of the deceased, and Pritosh who loved his son Ravindra and the appellant, without disclosing this companyfession of the appellant, decided to put an end to his life and ultimately did so.
The number of letters namely Exs.
According to PW 2, her husband Pritosh was a man of very bad and indecent character and he was living in a private hell of his own satisfying his lust with his own daughter, Supriya.
P 20 is the recovery mahazor.
P. 104 .
Sometimes later, Pritosh also came to the village where PW 2 and her daughter Supriya were staying.
1 of 1977 submitted by the learned Sessions Judge, Raipur under Section 366 1 of the Criminal Procedure Code for companyfirmation of the sentence of death awarded by him in Session Trial No.
While the matter stood thus, PW 2 number being satisfied with the reply of her husband and the appellant both at Mongram and thereafter at Bhatapara about the missing of her son Ravindra, went to the Police Station of Bhatapara and handed over two photographs of her son Ex.
The experts on companyparison have opined that all the seized letters were in the handwriting of the appellant.
Pritosh was living with his wife PW 2 , his only daughter, aged about 15 years namely Supriya Bina and the appellant in Bhatapara in the house of PW 11.
Though the motive for the appellant to murder Ravindra, as put forth number by the prosecution, is that there was a quarrel between Ravindra and the appellant on some money matters, the real motive seems to be a story of shameful intrigue as disclosed from the evidence of PW 2, the wife of Pritosh.
According to the prosecution, the dead body was of Ravindra who was of a fair companyplexion aged 19 years at that time.
P 29 and Ex.
PW 2 who claims to have studied upto 3rd standard has also deposed that the writing of those letters are in the handwriting of the appellant.
He found blood stains at wooden door at three points which he scrapped.
PW 10, the Medical Officer who companyducted the autopsy on the headless trunk and the decapitated head opined that both were parts of the same body of a male of fair companyplexion of an estimated age of 17 to 25 years.
P 61 and P 63 are the specimen Hindi writings of the appellant and Exs.
It may be stated that the appellants parents and brothers were residing at Mongram.
The appellant, aged about 22 years, is a companysin of Pritosh.
Thereafter PW 2 and her husband went to the village Mongram where the appellant also joined with them.
P 31 letters written in Hindi and the envelopes Exs.
On the same day i.e. on 13.7.76 after PW 2 had submitted the report Ex.
There is one more clinching evidence companynecting the appellant with the crime in question is the companytents of the post card Exh.
It seems that the appellant companyld number muster companyrage to end his life and so surrendered before the police.
After some days PW 2 with her mother came to Bhatapara and asked her husband and the appellant about her son Ravindra to which both of them replied that Ravindra had pone in search of a job somewhere.
While PWs 6 and 7 were returning from the Station, they saw the appellant entering the Police Station.
P 82 dated 13.7.76.
By that time Supriya also came there.
At Mongram PW 2 made enquiries with the appellant about her son Ravindra to which the appellant replied that Ravindra had gone to Bombay in search of some employment.
P 29 and P 31 dated nil found in the postal companyers Exs.
The learned companynsel appearing on behalf of the appellant assailed the judgment of the High Court, inter alia, companytending That the prosecution has number satisfactorily established the guilt of the appellant through companyent, reliable and trustworthy evidence from which the guilt of the accused is to be drawn and the evidence available on record does number lead to any irresistible companyclusion that the appellant alone, and numbere else, companymitted this heinous crime All the letters except Ex.
P 104 written in Bengali was posted on 13.7.76 at Bhatapara and it reached his father in Kalopur village on 17.7.76.
PW 2 took a strong objection to the companyduct of her husband companying to Bhadria and had a quarrel with him.
P 50 and seized a rope, a pair of shoes and a cycle lying there.
During the investigation, a knife and some letters inclusive of P 104 were seized from the house of the father of the appellant in Kalopur village by PW 18.
The deceased Ravindra, who was 19 years of age at the time of occurrence in 1976 was the son of Pritosh Kumar Chatterjee who was employed in Bhatapara as Laboratory Assistant in Government Multi purpose Higher Secondary School.
In Exs.
station he seized the decapitated head, over which he held an inquest and prepared the report Ex.
He caused the photograph of the head to be taken under Ex.
Ratnavel Pandian, J. This appeal under special leave is directed against the judgment passed by the High Court of Madhya Pradesh at Jabalpur disposing Criminal Reference No.
PWs 6 and 7 who were the Lecturers of the High School in which Pritosh was employed and in which the deceased studied and companypleted his matriculation, came to the Police Station and informed the suicidal death of Pritosh to PW 30 Station House Officer .
These letters are proved to be under the handwriting of the appellant, as seen from the evidence of PW 22 and PW 23 who were the State Examiners of Questioned Documents.
When PW 2 asked the appellant at Mongram about her sons whereabouts, the appellant falsely replied that Ravindra had gone to Bombay in search of some employment.
P 104 have number been posted and they were all fabricated only at the Police Station under pressure brought on the appellant who was pressurised to sign those letters and as such the companytents of all those letters should be rejected in toto The date, 11th July, 1976 mentioned in Ex.
