The learned Sessions judge accepted the verdict and sentenced him to death under s. 302, Indian Penal Code and to rigorous imprisonment for life in respect of the offence under s. 364, Indian Penal Code.
of two offences 1 under s. 364, Indian Penal Code of having abducted Pancham Sukla in order that he might be murdered, and 2 the substantive offence of having companymitted the murder under s. 302, Indian Penal Code.
were recovered.
which were found on or near the skeleton as those which were worn by Pancham Sukla at the time he last left his house.
It may be mentioned that at the trial the articles recoverd the dhoti, shirt, underwear, shoe and the flag were all indentified as having belonged to and being worn by the deceased when he was last seen.
The appellant was arrested on March 21, 1960 and on interrogation by the police he stated that Pancham Sukla was dead and admitted that he had buried the body of the deceased in the mud in a tank of which he gave a description.
Appeal from the judgment and order dated March 28/29, 1961, of the Calcutta High Court in Criminal Appeal No.
After some more investigation a companyplaint was laid before the Magistrate, who after enquiry companymitted the appellant to take his trial before the Sessions Court where he was tried with the aid of a jury.
The first point urged relates to the identification of the skeleton which was found in the tank as that of the deceased Pancham Sukla in other words, whether there was proof that Pancham Sukla was killed or had even died.
The jury accepted the evidence of the prosecution and returned a verdict of guilty against the appellant on both the companynts.
The appellant was also stated to have pointed out to the police in the companyrse of further investigation that he had thrown a knife into the same tank.
That was the last time he was seen alive and since then he has number been found.
The place pointed out was searched and therefrom a human skeleton partly companyered with a torn dhoti, underwear and a torn kurta in the side pocket of which was found a flag, were discovered.
Pancham number having returned to his house, his brother in law and another lodged a report with the police stating that Pancham had been missing for the previous two days and in the said report gave a description of the missing person as well as the clothes that he wore at the time he left his residence.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal NO.
The fact that Pancham was last seen with the appellant was stated in a further report which the brother in law lodged with the police on the next day March 13, 1960.
Pancham attended office last on the 10th of March, 1960 and at about 5.30 that evening he was seen in the companypany of the appellant.
December 10.
The judgment of the Court was delivered by AYYANGAR, J. This is an appeal on a certificate under Art.
134 of 1961.
769 of 1960.
K. Chakravarti and P. K. Bose, for the respondent.
A search was made when number merely a knife but a shoe with a rubber sole, a human lower jaw bone etc.,
N. Mukherjee, for the appellant.
One Pancham Sukla was an employee under the Calcutta Port Commissioner where also the appellant was employed.
134 1 c against the companyviction of the appellant under s. 302, Indian Penal Code and the sentence for imprisonment for life passed against him for the said offence.
The appellant filed an appeal to the High Court of Calcutta and the learned judges acquitted the appellant of the offence of kidnapping under s. 364, Indian Penal Code but companyfirmed the finding of guilt as regards the offence of murder tinder s.302, Indian Penal Code but reduced the sentence to imprisonment for life.
The identification of the skeleton rested on three distinct lines of evidence 1 The statement of the appellant to the police under s. 27 of the Indian Evidence Act which led to the discovery of the skeleton 2 The identification of the clothes, shoe etc.
