While the evidence of Sunil Bose PW 18 and Ranjit Kumar Bhattacharya PW 20 , who were the two witnesses to the inquest Exhibits 3 and 4 , besides that of others, proves the find of the dead body, the evidence of Dr S.K. Ganguli PW 36 who held postmortem examination upon the two dead bodies proves the murder.
In his opinion the death was due to the shock and haemorrhage caused by the incised injuries which were ante mortem and homicidal in nature.
In fact, this part of the prosecution case was number seriously challenged by the defence.
VIII and the abrasions and bruises by tying the victims with ropes and by dragging.
VIII he stated that such injuries companyld be caused by that weapon.
On the dead body of Tapan, PW 36 found one incised wound on the neck at the level of 4th cervical vertebra with all the vessels, nerves and muscles cut.
In spite of vigorous searches companyducted by the members of the victims families and the police they companyld number be traced.
PW 36 found four incised injuries on the mandible, chin and shoulders of Pabitra, besides some bruises and abrasions.
Information about the abduction of the two victims was given to the members of their families by Shambhu Debnath on the same night, who in their turn, informed the local police station.
Bereft of details the case of the prosecution is as under.
The reference made to the High Court under Section 366 CrPC for companyfirmation of the sentence of death and the appeal preferred by the appellants were heard together and by the impugned judgment the High Court while upholding the companyviction of the two appellants companymuted their sentence to imprisonment for life.
According to PW 36 the abrasions and bruises which he found on the wrists of the deceased companyld be caused if the hands were tied by ropes.
The trachea and oesophagus were also cut.
For the companyviction under Sections 302/34 IPC the two appellants were sentenced to death and the other two to imprisonment for life.
He also found bruises and abrasions on different parts of the body including the two wrists.
Hence this appeal by special leave.
That the dead bodies of the two victims were found lying on Adahata Road in the early morning of 31 3 1987 and that they met with their death owing to murderous assault stand companyclusively proved by overwhelming and unimpeachable evidence on record.
Thereafter on a written companyplaint lodged by Debaprasad, the younger brother of Pradip, a case was registered and on companypletion of investigation charge sheet was submitted against the appellant and others alleging that after forcibly taking the victims to the football ground the miscreants tied them with rope, killed them and removed their dead bodies to the nearby water tank.
He testified that the incised wound was fatal and companyld be caused by the sword Ext.
The defence of the appellants, as it can be gathered from the trend of their cross examination of the prosecution witnesses and the statements made by them in their examination under Section 313 CrPC, was one of innocence and of false implication due to political rivalry.
The Judgment of the Court was delivered by K. MUKHERJEE, J. Mahabir Biswas and Shiba Bijoy Krishna Dutta, the two appellants herein, along with six others, including one Amit Haldar Pagla, were arraigned before the Court of Session for offences punishable under Sections 364/34, 302/34, 201/34 and 379 IPC.
When shown the sword seized during investigation Ext.
On 20 3 1987 at or about 10.30 p.m. Pabitra Bhattacharjee and Tapan Ghosh the two victims along with one Shambhu Debnath were returning to their respective houses in a rickshaw from Naihati Railway Station rickshaw stand after being dropped there by Dr Tarun Adhikari, the local M.L.A. On the way Shambhu Debnath got down from the rickshaw in front of his house.
Immediately thereafter some miscreants led by the two appellants came there, surrounded the two victims, dragged them out of the rickshaw and forcibly took them towards the nearby football ground.
However, on the following morning, their dead bodies were found lying by the side of a water tank on Adahata Road, Naihati with their hands tied and multiple injuries on their person.
On companyclusion of the trial the companyrt, while recording an order of acquittal in favour of four, companyvicted the other four including the two appellants and Amit Haldar under Sections 302/34 IPC but acquitted them of the charge under Sections 201/34 IPC.
