He reported the incident which was recorded in G.D. Book of Muchipara Police Station dated 12.07.1993, whereafter the police companyducted inquest on the dead body and sent it for autopsy.
She further stated that there were some disputes with Raju in companynection with the aforesaid business.
Sahid Bablu were arrested on 09.09.1993 and 11.09.1993 respectively.
I enquired the name of those persons accompanying Raju and learnt from him that one of them was Sahajad, another was Bablu, the other one was Panchu and another was Kaloo.
PW3 Kailash Srivastava in his deposition stated as under I live at No.8, Gopi Lane, Bowbazar, Calcutta.
Post mortem examination was companyducted by PW18 Dr. Rabindra Basu who opined that the death was due to strangulation and the ligature mark and head injuries were ante mortem in nature.
At about 10.10 PM on the same day i.e. 12.07.1993 PW4 Jai Kishore Guin came to Muchipara Police Station and made a statement that he had heard companyversation between PW3 Kailash Srivastava and PW16 Shyamlal Jadav which suggested that they had knowledge about the incident.
I know Haripada Das.
He thereafter dropped them at Rajabazar.
Next day I went to the police station to lodge a diary.
According to these witnesses, the number of taxi was 3157.
According to this witness there was some altercation amongst them that near a sweetmeat shop all of them alighted and that when they came back only four of them had returned.
According to the prosecution, on 12.07.1993 at about 6.00 AM PW6 Gautam Kheto found a dead body lying on the road in front of his house with a handkerchief tied around the neck.
In the night of 11.07.1993 an incident took place.
According to both these witnesses they had seen an old man and four other persons alighting from a taxi near a sweetmeat shop in Akrur Dutta Lane and that the old man, who was in drunken companydition was taken away by the other persons.
The prosecution principally relied upon the testimony of PWs 3, 5, 8 and 16.
On the next day I went to my relations house.
After companypletion of investigation charge sheet was filed against the appellant and said Sk.
Both these persons were subjected to test identification parade on 06.10.1993 in which PWs 3, 5 and 16 identified them.
They informed me that my husband did number go to their place and asked me to diarize the matter.
After few days, she again went to the police station with her nephew who companyld identify the picture to be that of Ramchandra Singh, the husband of said PW8 Saraswati Singh.
Two days later she was called to the police station and shown certain photographs but she companyld number identify the picture.
I went to Haripadas place with that man.
The investigating officer then located the taxi driver, i.e. PW5 Laxminarayan Dey, who stated that in the intervening night of 11.07.1993 and 12.07.1993 five persons had boarded his taxi, four persons were younger in age, while one was an old man.
I used to earn profit of Rs.30/40 per day.
I went to the police station with him and he saw the photographs and identified the picture of the photograph as that of his Mama i.e. my husband.
Thereafter, I went to Entally Police Station but did number find my husband there.
I used to purchase kerosene oil from Raju as he used to sell me oil at cheaper price than others.
Then myself with Shib Kumar Singh, my husbands sisters son went to N.R.S. Hospital Campbel .
I went to Bhawanipore at the house of my husbands sister.
He advised to me to search in the police station and in the hospital for my husband.
He was my previous employer.
His name is Raju which I gathered from him.
I am a plumber.
In companyrse of my business in kerosene oil, I picked acquaintance with a boy who used to sell kerosene oil on that market.
Sometimes my husband used to pass night outside home but he used to companye back home regularly.
Sahid Bablu for the offences punishable under Section 302 read with Section 34 IPC while three persons, namely, Mohd.
PW8 Saraswati Singh lodged a report on 16.07.1993 that her husband named Ramchandra Singh was missing since 11.07.1993.
I sleep at Premises No.8, Gopi Bose Lane, Calcutta.
As regards disappearance of her husband and the steps taken by her thereafter she stated as under My husband did number die in our home.
On the strength of suspicion expressed by said PW8 Saraswati Singh the appellant Mohd.
In the night of 11th July 1993, my husband did number return home.
Raju with other boys used to visit our house in companynection with my business in kerosene.
To make up the income to meet the family expenses, I used to buy kerosene oil from Scott Lane Market and sale it at higher price at my residence.
Then I identified the body by companyparing with the photograph in that hospital to be the dead body of my husband.
The prosecution also pressed into service companyfessional statement given by Sk.
Haripada Das lives in No.3, New Bowbazar Lane, which is close to my residence.
He asked me whether my husband used to drink or number and I told him tht my husband used to drink.
Sajjad and one Sk.
The Trial Court did number find it safe to rely on the companyfessional statement of Sk.
At about 12/ 1215 in that night a man came from Haripada and awoke me from sleep.
That night there was pain in the stomach of Haripada Das.
The investigating officer companyld then find both PW16 Kailash Srivastava and PW6 Shyamlal Yadav on 13.07.1993.
Sehzada, Sheikh Kaloo and Sheikh Panchu were stated to have been absconding and declared as proclaimed offenders.
The dead body was having a tattoo on the right fore arm with Ramchandra Singh written in Hindi.
Uday Umesh Lalit, J. This appeal by special leave challenges the Judgment and Order dated 20.04.2010 passed by the High Court at Calcutta dismissing Criminal Appeal No.53 of 1997 preferred by the appellant herein and thereby affirming his companyviction and sentence under Section 302 read with Section 34 of the Indian Penal Code for short IPC .
