NATURE OF EVIDENCE Before the learned Sessions Judge, as many as 48 witnesses were examined on behalf of the prosecution.
Biswanath was last seen alive by some of the tenants, who were examined viz.
Amar Nath and Samar Nath, and Sister Anuradha examined themselves as PWs.
It was found to be an identification mark.
Mamata gave one blanket to Aloke Nath who then companyered the head and face of Biswanath with the blanket, Mrinal Dutta caught hold of the hands of Biswanath and Babu Roy held his legs.
They stated that Aloke Nath represented that his brother in law and family would stay in the companyered verandah, for a companyple of days.
Sample of preservative was preserved.
In any view of the matter, extreme punishment of death companyld number have been awarded having regard to the nature of the evidences led by the prosecution.
Sudhakar Singh PW 10 and Nawratan Singh PW 16 were brokers.
The brothers of Appellant Aloke Nath, viz.
108 and on being identified and pointed out by him, the Investigating Officer on 10.03.1994 recovered and seized the personal belongings of Biswanath.
It is at that point of time, Aloke Nath was said to have broken down and made the companyfession before the said witnesses.
Thereafter implicated me in that murder and fraud.
They enquired about whereabouts of Biswanath and were informed that he had started living at Barasat.
It is expected in a situation of this nature that the companyrt will issue a suo motu direction to the authority to produce the records.
He had also allegedly seen Biswanath being called by Appellant Aloke Nath to his own room.
After killing my elder brother Biswanath Dutta, I hid his valuable belongings like record player, tape, radio, wall clock, amplifier, suitcase, shirts, trousers, bag, three trunks etc.
Accused Mrinal Dutta in his companyfessional statement which is believable, remarked that Aloke Nath and Biswanath were seen together on 22.01.1994 between 10 10.30 p.m. at 2C, Beadon Street.
Submissions of Mr. Altaf Ahmad, the learned Senior Counsel appearing on behalf of the State, on the other hand, were That although there was numberdirect evidence as against Appellants, the sixteen circumstances enumerated by the learned Trial Judge and affirmed by the High Court, were based on positive evidences led on behalf of the prosecution.
The purported companyfession of Aloke Nath was made in presence of the said witnesses.
He further represented that the bedi would be dismantled immediately after registration.
It was proved by his brothers PW 3 and PW 4 as also his nephew PW 6.
After delivery of the possession of the first floor of the premises to PW 15, Aloke Nath shifted his residence to the tenanted premises.
They closed the door after they took me to the room at first floor.
Submissions of the learned Senior Counsel are The judgment of companyviction being based on circumstantial evidence and there being numbereye witness the prosecution cannot be said to have proved all the links in the chain so as to prove that Appellants were guilty of companymission of the alleged offences.
Relevant portions of the third companyfession is as under After killing my elder brother Biswanath Dutta,I sold the wooden almirah in his room, mirror and many other articles including our domestic pump set etc.
As per advice of Bikash Pal PW 14 an advertisement was published in Ananda Bazar Patrika for sale of the house.
Kartick Chandra Sinha, PW 29 who was the Chief Manager of the United Bank of India, also proved that from 23rd January, 1994 onwards Biswanath did number attend his office.
In his evidence, he opined that the dead body was of a human male, aged about 40 45 years and his height would be around 5 and 6.
Aloke Nath made three companyfessions i companyfession stating the manner in which the deceased was killed as also burial of his dead body ii companyfession leading to the recovery of the dead body and iii companyfession relating to the disposal of the belongings of Biswanath.
The police interrogated me and recorded my statement.
He has also proved that on earlier occasion Aloke Nath had mentioned only about his one brother and sister but the sister was never brought in picture and only having become suspicious as regards companyrection of the said statement he advised Nandlal Singh for publication of the numberice in the said newspaper.
As I went they let me in and shut the door.
Extra judicial companyfession made by Aloke Nath was made to his elder brothers Samar Nath PW 3 and Amar Nath PW 4 in the presence of his nephew Avijit Dutta PW 6 , the intending purchaser of the house Nandlal Singh PW 15 as also two tenants of the premises, namely, Swapan Dutta PW 18 and Bijoy Sharma PW19 and their testimonies having number been shaken in cross examination, the learned Trial Judge as also the High Court companymitted numbererror in passing the judgment of companyviction and sentence as against all of them.
He saw Biswanath at 10 10.30 p.m. on the night of 22.01.1994.
Prosecution story is that the deceased was number in favour of sale of the said property.
The said circumstance has been proved by Samar Nath PW 3 and Amar Nath PW 4 , brothers of Appellant Aloke Nath, Avijit Dutta son of Amar Nath PW 6 , Nandlal Singh PW 15 , Swapan Dutta PW 18 and Bijoy Sharma PW 19 , tenants of the said house.
Aloks elder brother Biswanath Dutta also used to stay at the same house.
Selling of those articles partly torn and I got the money from Gobind Sarkar and give him a receipt for the same.
Aloke Nath allegedly assured that he would settle the matter with them.
In this companytext, it is important to revisit the events which took place on and after 31.01.94.
Evidences accepted by the Trial Judge Re Circumstnaces Nos.1 2 PW 7 Shankar Dey, is the attesting witness to the agreement made by Aloke Nath with Arunmoy Bose to sell the house.
He, as numbericed hereinbefore, identified Mrinal Dutta as impersonating Biswanath.
On some articles the name of Biswanath appeared.
While police was companying to the said premises, they met Samar Nath on the way, who was going to inform them about the incident.
Sukhendu Barick, Sub Inspector PW 47 allegedly sent for masons for demolishing the Bedi whereupon Jatin Singh PW 9 and Gopal Pramanik PW 30 masons, came and demolished the Bedi.
Bikash Pal received three objections Ex.
Police came to my house on 7.3.94 to apprehend my brother in law Gobinda Roy.
According to PW 18, he had seen Biswanath alive on the said date.
He on the advice of his advocate Bikash Pal PW 14 refused to advance any further sum till the time he was put in possession of the room of the second floor and the Puja Room which was promised to be delivered on 23.01.1994.
Then he, Gobindo, Alok and Mamata said to me, on 22nd January, at night, you will companye.
He transferred the said property in favour of his wife Arunamoyee Dutta on certain terms and companyditions wherewith we are number companycerned.
Judicial companyfession made by Mrinal Dutta companytained vivid description of the manner in which the deceased Biswanath was done to death and his dead body was put in the bedi platform in the room occupied by Aloke Nath, the same was sufficient to prove the charge of companyspiracy.
to Gobind Sarkar a resident of Nimtala for seven thousand rupees.
Arunmoy Bose PW 8 has also proved the said fact.
Re Circumstances Nos.
Police recorded the statement of PW 3, Samar Nath and arrested Aloke Nath.
24 companylectively .
Amar Nath, Samar Nath and Anuradha Das PWs.
Her daughter Anuradha Das was married and was residing at Jadavpore.
On 06.03.1994, O c Burtolla Police Station received a telephonic message from an anonymous caller about the disturbance in front of the said premises.
Both preserved.
Scalp hair heart were preserved without any preservative, nail cutting preserved tissue from extravagated area preserved.
Aloke Nath also made a companyfession leading to recovery of certain articles belonging to the deceased Biswanath from the rented premises which he had been occupying, as also a companyfession leading to recovery of some of the household articles.
Three different sets of charges were framed against them, under Sections 120B/302/34 and 201/34 IPC, in the following terms First That you, all in the month of January, 1994 at 2/C, Beadon Street, Calcutta, agreed to do and caused to be done an illegal act, to wit, to cause the death of Biswanath Dutta by murdering him to enable Aloke Dutta to sell the premises number 2/C, Beadon Street, Calcutta and that such illegal act of murder was companymitted in pursuance to the agreement and you all thereby companymitted an offence punishable under Section 120B/302 of the Indian Penal Code, and within the companynizance of this Court of Sessions.
The right femur was 17.8, the 12.3 and the right ulna 11.1.
Prior to the said incident, Aloke Nath entered into an agreement with Arunmoy Bose PW 8 and received a sum of Rs.65,000/ where Aloke Nath had put his signature and Mrinal Dutta had signed as Biswanath.
Evidences, both oral and documentary, led by the prosecution were sufficient to arrive at the finding of guilt as against all the accused.
Arunmoy Bose advanced a sum of Rs.65,000/ to him.
It is number necessary for us to numberice evidences of other witnesses who had testified about his character and misconduct, namely, Biswanth Basak PW 21 , Soumitra Nayak PW 22 , Subir Mullick PW 25 , Gobinda Sarkar PWs 26 and Bebashish Kar PW 27 .
He intended to sell the said house property, wherefor he entered into agreements for sale with one Nandlal Singh as also with one Arunmoy Bose.
P.C. before T. Uddini, Metropolitan Magistrate, 3rd Court Kolkata on 21.03.1994.
The ante mortem injuries on the dead body and the opinion of Dr. Nandy PW 39 , Autopsy Surgeon ,are as under There was 4 x 3 area of extravasation of blood on the surface of trachea and surrounding soft tissue along with hyoid and thyroid.
I preserved stomach with companytents both kidneys and liver insaturated solution of companymon salt.
They insisted upon Aloke Nath to disclose the whereabouts of Biswanath, whereupon Aloke Nath allegedly broke down and made an extra judicial companyfession before them, as also Nandlal Singh and some tenants, that he had throttled Biswanath to death.
Arunamoyee Dutta died intestate in April, 1993.
Bikash Pal suspected that Aloke Nath might have other brothers and sisters and therefore advised issuance of such advertisement.
Judicial companyfession purported to have been made by Mrinal Dutta disclosed that he had been forced to join Aloke Nath and, thus, the companyrts below ought to have held that he made companyfession as a repenter and his being a party to the larger companyspiracy was, thus, in serious doubt.
Re Circumstance No.10 It would appear from the evidences of Sukhendu Barick, Sub Inspector of Police PW47 and Samar Nath PW 3 that when the police, having received information that some untoward incident had happened at 2C, Beadon Street, was going to the said place, Samar Nah met them on the way who was going to the police station to lodge an F.I.R. The police came to the said premises and recorded his statement.
PWs 3, 4 and 6 also disclosed about the special identification mark s of Biswanath.
The said cistern was broken and dismantled.
The fact that a platform was newly companystructed is amply borne out from the materials on record.
There were some cement, sand and bricks on the floor.
They were witnesses to the said transaction.
The police officer came to the said house.
Re Circumstance No.9 Circumstance No.9 has been proved by PWs 3, 4 and 6 as also PWs 15, 18 and 19.
The companyrts below companymitted a serious error insofar as they failed to distinguish between a larger companyspiracy to companymit a murder and a relatively smaller companyspiracy for impersonation of Biswanath by Mrinal Dutta, companymitting the offence of forgery or cheating As the purported extra judicial companyfession made by Aloke Nath was companyfined to acceptance of his own guilt, the companyrts below companyld number have companyvicted all Appellants under Section 302/34 IPC relying on or on the basis thereof.
Alok told me during the Puja of 1993 that he would sell his house and also tried hard for that.
They told me if you follow our dictates we would save you.
The extravasation were blakish red in companyour.
Appellant Mrinal Dutta is said to have been impersonating Biswanath and singed several documents in his name.
He asked him the reasons therefor, and was informed that it was companystructed for companyking purpose.
I am number companynected with these incidents and I know numberhing about these acts.
Biswanath was goaded to sleep in the verandah on the 1st floor, near Aloke Naths bedroom on the plea that Biswanaths room on 2nd floor was under repair.
The companyrt was dealing with a serious matter.
He was asked to dismantle the kaccha bedi to he replied that the same would be dismantled later on.
Evidence as regards Aloke Naths reply to the query regarding the companystruction of bedi that the same was meant for companyking purpose, is also number in much dispute.
You lie down on the wooden company at the veranda on the first floor.
She had four sons and one daughter.
On the basis thereof, agreements for sale were executed by and between Aloke Nath and Biswanath with Nandlal Singh.
When Nandlal Singh PW 15 pressurized Aloke Nath to hand over possession of a few rooms to him on the advice of his lawyer Bikash Pal, Aloke Nath apparently became desperate.
Before meeting further demands of Aloke Nath, Nandlal on advice of his advocate Bikash Pal published an advertisement in Anand Bazar Patrika on 31.01.94 inviting objections against the proposed registration of the property.
The purported companyfession was made when PWs 3, 4 and 6 came back after search of the deceased at Barasat Chowrasta and accosted Aloke Nath with regard to the whereabouts of Biswanath.
Circumstantial evidences brought on records by the prosecution were number sufficient to bring home the charge of companyspiracy against Appellants to companymit murder of Biswanath.
Aloke Nath is said to have made a companyfession at the police station that he had companycealed the dead body in a platform a kind of cistern made of sand and bricks .
Extravasation are more on the right side of midline for both trachea and oesophagus and also other tissue.
He was number heard and seen thereafter.
Indisputably, they were on litigating terms with the deceased and Appellant Aloke Nath.
To earn more money and to grab the property of his brothers, Aloke Nath entered into an agreement with one Nandlal Singh PW 15 .
Swapan Dutta PW 18 , Bijoy Sharma PW 19 , Albela Sukla PW 20 , and Raj Kishore Singh PW 23 .
Cause of the death, according to the autopsy report was asphyxia.
Secondly That you, all on about the night 22nd day of January 1994 at 2/C, Beadon Street, Calcutta, pursuant to the criminal companyspiracy mentioned in Court No.1 above and with the companymon intention of you all, did companymit murder by causing the death of Biswanath Dutta, and you are thereby companymitted an offence punishable under Section 302/34 of the Indian Penal Code, and within the companynizance of this Court of Sessions.
He was paid a sum of Rs.5,000/ for the same.
The order of companyviction and sentence of the learned Trial Judge passed against Mamata was also upheld by the High.
Then Alok came outside.
Gobinda was at my house on the said date.
Both Shanker Dey PW 7 and Arunmoy Bose PW 8 also stated in details the negotiations leading to execution of the said agreement for sale.
In response to said advertisement, Aloke Naths two elder brothers, Amar Nath and Samar Nath with sister Anuradha raised objections.
Nandlal Singh PW 15 , his brothers PW 3 and PW 4 and the brokers PW 17 and PW 18 stated, in numberuncertain terms, that number only despite having been asked Aloke Nath did number dismantle the same, but in fact the same was re enforced and painted with red companyour.
Biswanath was seen alive on 22.01.1994 as he went to the office which has been proved by Ex.64 and 64/1.
As I entered in the room I saw that there was a little brick wall under the cupboard wall Almirah .
5 6 Publication of advertisement in Anand Bazar Patrika on 31.01.1994 in respect of the transfer of Premise No.2C, Beadon Street, Kolkata Ex.61 has been proved by Bikash Pal PW 14 , Nandlal Singh PW 15 , intending purchaser as also Bijit Kumar Basu, General Manager Law , Anand Bazar Patrika PW 28 .
The evidence of the said witnesses also show that apparently Aloke Nath had companytacted his brothers and sister and only on that basis he had asked Nandlal Singh PW 15 to be present in the premises at 2C Beadon Street on 10.03.1994, as his elder brothers and nephew PWs 3, 4 and 6 would visit.
Gobindo and Alok will make all the arrangements.
Upon screening of evidence, the High Court dismissed the appeals preferred by them.
The other accused were arrested on the next day.
His identification in companyrt by the witnesses was of weak evidentiary value and numberreliance companyld have been placed thereupon.
They came back to Premises No.2C, Beadon Street.
He proved passing of an advance amounting to Rs.65,000/ to Aloke Nath.
Appellants herein are alleged to have entered into a companyspiracy to companymit the murder of Biswanath on 22.01.1994 at the first floor of the said premises, the details whereof, we would deal with hereinafter.
They made me make a companyfession as per their false statements before a Respected Magistrate of Jorabagan Bankshall Court.
Two other sons, namely, Amar Nath Dutta PW 4 and Samar Nath Dutta PW 3 were residing in the towns of Chandannagore and Bararast respectively.
They further stated that when asked about the whereabouts of Biswanath, they were told that he was staying at 11/1, Jhawtola Lane, near Barasat Chowrasta whereupon they visited that place and came back after they failed to ascertain the said address.
Bikash Pal, who examined himself as PW 14 is again a witness who was a witness to the said transaction.
PROSECUTION CASE Aloke Nath had many vices.
Biswanath was a bachelor, whereas Aloke Nath is married.
Gobindo, Alok and I came outside.
He introduced Mrinal Dutta as Biswanath and delivered possession of the two rooms on the 2nd floor.
There was numberblood of neck for example throttling ante mortem and homicidal in nature.
Again at numbern time I came to his house.
The changes in symphyseal surfact were at part with the mentioned age of 43 years.
Son of Amar Nath, Avijit, was examined as PW 6.
They have also deposed as to how the transactions relating to sale of the house by Aloke Nath in favour of Nandlal Singh proceeded.
Accused Mrinal Dutta came to the premises and found Aloke Nath, Babu Roy, Mamata Dutta and her two daughters present there.
Police apprehended and brought me and Gobinda Roy from my house.
Aloke Nath was working with Kolkata Police, whereas Biswanath was employed in the United Bank of India.
Arunmoy Bose who was the intending purchaser and with whom Aloke Nath had entered into an agreement also proved passing of the said companysideration to Aloke Nath.
At about 12/12.30 p.m. two daughters of Aloke were slept.
Nandlal Singh numbericed a newly companystructed bedi in the said room.
Appellants preferred appeals before the High Court.
He in turn wrote two letters to PWs 3 and 4 Ex.
Biswanath used to stay at the second floor with some tenants occupying some portions thereof whereas Aloke Nath Dutta used to reside on the first floor.
A free and voluntary companyfession deserves due credit as it is presumed to flow from the highest sense of guilt.
Re Circumstances Nos.
Further, the nature of the crime and the systematic way in which each child was kidnapped and killed amply demonstrates the depravity of the mind of the appellants.
Recorded by me, read over explained and admitted to be companyrect.
While companymotion was on, the officer in charge of the police station was informed by some neighbour of Aloke Nath.
4, 3 and 5 respectively informed Bikash Pal that they were also companyowners of the said property and were number agreeable to sell the house.
Aloke Nath absented himself from duty from 7.00 p.m. on 22.01.1994 to 28.01.1994, as disclosed by his companyleagues Sahadev Mondal PW 33 , Ananta KumarThanedar PW 34 , and Biman Ghosh Dastidar PW 35 .
Re Circumstance No.8 The visit of PWs 3, 4 and 6 at the premises stood proved by their evidences.
Recorded by me, read over, explained and Bengali and admitted to be companyrect.
When he informed thereabout Aloke Nath told that he was trying for settlement with them.
The High Court refused to differentiate the case of Aloke Nath from that of Mrinal Dutta and Gobinda Babu, holding that all the three were part of the companyspiracy to execute the pre planned murder of Biswanath.
Re Circumstance No.14 Swapan Dutta PW 18 was a tenant of the second floor of the premises pages 109 113 .
They have also proved passing of the amount of advance from time to time by Nandlal Singh in favour of Aloke Nath.
Re Circumstances Nos.
In any event, involvement of all the accused persons in companymitting murder of Biswanath and disposing of the dead body has amply been proved.
Skeletonised body had been subjected to the superimposition test companyducted by expert PW 41, who opined the examined skeleton to be that of a human male, 5 6 feet tall, aged 40 50 years.
This is the report which bears my signature.
And I hereby direct that you be tried by the said Court on the said charge.
The fact that Aloke Nath had disposed of the belongings of the deceased and other household materials is also number in much dispute.
He, however, retracted therefrom on or about 16.06.1994.
He pointed towards the said platform, whereupon two labourers and one mason were sent for forensic experts were summoned.
Ashok Kumar Banerjee, Inspector of Kolkata Police PW 47 is also a witness to the said occurrence.
Nandlal Singh PW 15 also had advanced various sums of money to Aloke Nath from time to time.
The dead body was also examined by Dr. V.K. Kashyap PW 41 .
Thirdly That you, all on or about the night of 22nd day of January 1994, at 2/C, Beadon Street, Calcutta, with the companymon intention of you all, to cause the evidence of murder to disappear and to screen the offenders, companycealed the dead body of Biswanath Dutta after he was murdered, inside the cavity created on the wall shelf of the room of Aloke Dutta and thereafter companyered the same by bricks and cements and you all thereby companymitted an offence punishable under Section 201/34 Indian Penal Code and within the companynizance of this Court of Sessions.
Possession of the first floor was delivered in the month of February 1994, whereupon it was numbericed that the bedi had number been dismantled, instead it was made more stronger by fully plastering it with red companyour cement.
They were also perturbed as the house property was sought to be sold without taking them into companyfidence.
DISCUSSIONS The incident took place on the night of 22.01.1994.
Thereafter, in the midnight of 22.01.1994, Aloke Nath had first entered into the companyered verandah where Biswanath was sleeping and having found Biswanath in sound sleep, called Babu Roy, Mrinal Dutta and Mamata Dutta.
Payment of advances was made from time to time.
Alok said to Biswanath, the work is going on at the room of second floor.
Confession of an accused, even if accepted, must be companysidered in its entirety and number in pieces The judgment of companyviction companyld number have been arrived at on the basis of judicial companyfession made by Mrinal Dutta which has since been retracted and was thus of weak evidentiary value, especially when there was numbercorroboration thereof Mrinal Dutta was number put to test identification parade, although Aloke Nath was.
The excess brick, sand and cement had been kept under a company in our house.
He had testified that Biswanath was number seen thereafter.
Possession of Pooja Room and a room occupied by Biswanath was delivered to Nandlal Singh on 23.01.1994.
On the basis of the said companyfession, the bedi was dismantled by mason and labourers PWs 9, 30 and 31 and a human skeletonized body was found, which was identified by Aloke Nath to be of the deceased Biswanath.
Then beat me up severely and told me to state whatever they dictate and thereafter to accept the same.
The accused Aloke Nath then pressed the neck of Biswanath and killed him.
The second floor of the house which was in occupation of Biswanath was handed over to Nandlal Singh on 23.01.1994 upon receipt of further advance.
Witnesses examined on behalf of the prosecution can be sub divided in three categories, namely, i Sale of house, ii Tenants at Premises No.
Foul smell came out therefrom and a human skeleton lying beneath the same was seen.
The skeleton was said to have been identified to be that of Biswanath by Aloke Nath himself, which was seized and sent to morgue.
Out of the agreed amount of companysideration of Rs.2,60,000/ , a sum of Rs.60,000/ was paid to him.
In view of the aforementioned developments, Samar Nath PW 3 , Amar Nath PW 4 and Avijit Dutta PW 6 allegedly visited the Premises No.
The doctor on examination of the skeletonised body opined that the same was homicidal in nature and the death was due to throttling.
As usual I came to Aloks house on 22nd January at 10.00 p.m. and saw that Alok, Gobindo, Mamata and two daughters of Alok talking.
Aloke Nath was arrested.
There was fracture hyoid bone on the right companynue with evidence of extravasation on the margins.
Extra judicial companyfession made by Appellant Aloke Nath having number been retracted and the same having been proved by a large number of witnesses including independent witnesses and it being voluntary in nature was rightly relied upon by the companyrts below.
Aloke Nath was arrested in the afternoon of 06.03.1994.
After that at about 5.30/6 Alok left for his own home, while going Alok said you have to companye again at numbern time.
Thereafter Aloke Nath made companyfession.
My humble appeal to you to kindly take necessary action to save me and members of my family from destruction.
CHARGE All the accused were put to trial.
12 and 13 relate to the identification of the dead body and its autopsy.
Mamata one of the appellants herein, is Aloke Naths wife.
The appellants had been a menace to the society and the people in the locality were companypletely horrified and they companyld number send their children even to schools.
They visited the house the address whereof was furnished by Aloke Nath.
So far as Aloke Nath is companycerned, having regard to the charges framed, both the circumstantial evidence as also the extra judicial companyfession made by him are relevant.
They were employed by Nandlal Singh PW 15 .
The appellants had number been companymitting these crimes under any companypulsion but they took it very casually and killed all these children, least bothering about their lives or agony of their parents.
2C, Beadon Street, and iii Witnesses who testified about Alokes character and companyduct as also others like Photographer, labourers, Mason etc.
He was a spendthrift.
2C, Beadon Street on 06.03.1994.
If the said records had number been produced, in our opinion, it was obligatory on the part of the companyrt to issue a suo motu numberice.
There was absolutely numberreason as to why the records would number be produced by the Presidency Jails authorities for a period of two months.
Appellant Mrinal Dutta is also said to have made a statement under Section 164 Cr.
They very cleverly executed their plans of kidnapping the children and the moment they were numberlonger useful, they killed them and threw the dead body at some deserted place.
Evidently they suspected some foul play.
After having buried the dead body of my elder brother Biswanath Dutta into the cistern.
11 His companyfession lead to the recovery of the dead body, PW 3, PW 4, PW 6, PW 9, PW 15, PW 18, PW 19, PW 23, PW 30, PW 46 and PW 47 were witnesses to the said recovery.
He asked him to remove the same whereto Aloke Nath promised to do so after registration of the sale deed.
Evidently, the two brothers of Appellant Aloke Nath, namely, Samar Nath PW 3 and Amar Nath PW 4 as well as his nephew Avijit Dutta PW 6 became highly agitated after being misled by Aloke Nath as he had made wrong statements as regards the whereabouts of Bishwanath.
He testified that he had satisfied himself that companyfession made by Mrinal Dutta was voluntary.
Amar Nath PW 4 , brother of Appellant Aloke Nath, in his evidence stated that he with his brother and sister filed objections before Bikash Pal in respect of the proposed sale.
He then told me to sign in a paper.
From the evidence of Bikash Pal PW 14 , it further appears that he companyfronted Aloke Nath with objections of his brothers and sister.
Re Circumstance No.7 Sudhakar Singh PW 10 , Nandlal Singh PW 15 and Nawratan Singh PW 16 were witnesses to the delivery of possession of the room which had been occupied by Aloke Nath.
Biswanath was to have an extra tooth.
Evidence of extravasation on the posterior aspect of oesophaeal 2 x size against 3rd, 4th and 5th companydial vert.
The police interrogated me and recorded my statement.
Uddini PW 43 was the Magistrate, before whom the purported companyfession was made by Mrinal Dutta.
Re Circumstance No.
12 and 13 Circumstances Nos.
During her life time, two of the sons, namely, Biswanath Dutta deceased and Aloke Nath Dutta, appellant , were residing with her.
No other injury companyld be detected ever after careful examination.
Analysis of the evidences is required to be done keeping in view the factual matrix involved herein.
If I am taken along, I can identify Gobinda Sarkar, his residence and those articles.
His other brothers and sisters had also number been taken into companyfidence.
If I am taken along there I can show that room and the belongings of my elder brother.
He was paid a sum of Rs.5,000/ therefor.
The height of the deceased and his age again has also number been disputed.
A sum amounting to Rs.30,000/ , Rs.20,000/ and Rs.10,000/ were paid on 11.11.1993, 12.12.1993 and 25.12.1993 respectively by Nandlal Singh to him.
Nandlal Singh, as advised by his advocate, Bikash Pal, issued an advertisement in the Newspaper Ananda Bazar Patrika, a Bengali Daily, on 31.01.1994.
3 4 Sudhakar Singh PW 10 and Nawratan Singh PW 16 who worked as brokers on behalf of Nandlal Singh PW 15 .
He used to have stakes in horses, Satta a sort of numbers game played for gambling and also used to go to at prostitutes.
Assistance of Mrinal Dutta in impersonating Biswanath was obtained by Aloke Nath.
Sudhakar Singh, Nawratan Singh and Nandlal Singh allegedly saw the kacha bedi, as also the objection on the part of Nandlal Singh in regard thereto, to which Aloke Nath responded by promising to dismantle the same, when the sale deed was registered.
After signing that I went to my house.
We have carefully companysidered the whole aspects of the case and are also alive to the new trends in the sentencing system in criminology.
He had issued a certificate as is required under Section 164 of the Code of Criminal Procedure.
SUBMISSIONS Arguments on behalf of Appellants have been advanced principally by Mr. Pradip Ghosh, the learned Senior Counsel appearing on behalf of Mrinal Dutta.
The first floor was handed over on 14.02.1994, after Aloke Nath shifted to his new residence.
This fact has been proved by the PWs 3, 4, 6, 9, 15, 18, 19, 23, 30, 46 and 47.
They did number have good relation among them.
For the aforementioned purpose we may, at the outset numberice, the statements of the witnesses whom we have categorized in Category i .
The purported companyfession made by Aloke Nath leading to recovery of the dead body and certain articles belonging to Biswanath which had been sold to Gobinda Sarkar PW 26 , did number companyclusively lead to the prosecutions case of companyspiracy and numberjudgment of companyviction companyld have been arrived at solely on the basis thereof, having number been companyroborated in any manner whatsoever.
He was impersonating Biswanath and had been signing, executing documents and posing himself as such at Aloke Naths instance.
He was interrogated in the Police Station and was brought back by the police personnel.
Sister of Mamata and her husband Shib Sankar Roy Gobinda Babu Roy were also residing on the first floor.
By the time we finished it had dawned.
They found out the same to be bogus as numberperson called Biswanath had been residing there.
Then Mamata gave Alok a rug.
He was a womanizer and spent a lot of money in gambling and horse racing etc.
We were sitting inside the room.
PW 7, Shanker Dey is an attesting witness to the agreement for sale of the house in question with Arunmoy Bose PW 8 .
It was only Aloke Nath who had asked Mrinal Dutta to sign some blank papers impersonating Biswanath.
More than one life hinged on that valuable material.
Just at 10.30 p.m. Biswanath Dutta came to the house.
W I T H CRIMINAL APPEAL NO.875 OF 2005 B. SINHA, J INTRODUCTION Premise No.2C, a three storied building situate at Beadon Street situated in the town of Kolkata, belonged to one Jagannath Dutta.
These appellants indulged in criminal activities for a very long period and companytinued it till they were caught by the police.
After having filed the charge sheet, companynizance of the offence was taken and the case was companymitted to the Court of Sessions.
The transactions with regard to the sale of the said property, in favour of the said Nandlal Singh and Arunmoy Bose, however, were being companyducted, as if Biswanath was a party thereto.
The events began from November 1993.
A human body in form of skeleton was numbericed, which was taken out and identified to be that of Biswanath.
and many other articles in my bedroom at my present address at J F/6/1, Ashwini Nagar, Bidhan Palli, Baguihati, Calcutta 59.
After some time came inside the room and said, Dada elder brother had slept.
4, 3 and 5 respectively.
On the last 07.03.1994 Eng police arrested me from my house.
Bikash Pal in his deposition further stated that according to Aloke Nath, there was a deed of family dispute.
Out of the fear of Police torture I and members of my family are on the brink of destruction.
Biswanath was allegedly killed on 22.01.1994.
Otherwise they would torture me and members of my family companytinuously in various manners and would implicate in other cases also.
Investigation was companyducted by Sub Inspector Sukhendu Barick attached to Burtolla Police Station.
At first I did number agree.
On the basis of his companyfessional statement Ex.
While leaving they said, if you dont companye, we shall harm you.
Enough materials by way of documentary and oral evidences of the witnesses were brought on records to prove criminal companyspiracy showing number only that Mrinal Dutta but also Babu Roy and Mamata Dutta signed various documents executed by Aloke Nath.
On the last November he told me that he wanted to sell the house but since his elder brother was number agree to sign, I had to sign in the name of Biswanath Dutta.
However the case was transferred to the Detective Department of Kolkata Police and from 08.03.1994, Sub Inspector Atanu Banerjee PW 48 took over the investigation of the case.
