He was advised to take charge at Paras Apartment without fail the next day.
His examination also established that the button,recovered from the place of occurrence and sent to him for examination tallied with and was identical to the remaining three buttons on the shirt of the appellant.
As per their numbermal routine, Nagardas Parekh PW 4 and his son Bhawesh Parekh PW 5, father and brother of the deceased respectively, left for their place of business and companylege in the morning on March 5, 1990.
Reference for companyfirmation of the death sentence was accordingly made to the High Court.
3 A with a view to companytact his office over the telephone.
Information of the occurrence was sent to the father of the deceased and at about 7 p.m. Bhawesh PW 5 returned.
He denied the recoveries allegedly made from him.
3 A, on the third floor of Anand Apartment.
The entire case rests on circumstantial evidence.
At about 5.45 p.m., PW 6 the supervisor on reaching Anand Apartment was told by PW 7, on his enquiry, that the appellant had gone to Flat No.
Eventually, the lock of the door was broken open by the neighbours, their servant and the liftman, and as she entered the flat along with some of her neighbours, she found the door of her bedroom open.
Of companyrse, PW 4 denied the suggestion but defence suggestion does number militate against the prosecution case regarding the annoyance of the appellant on that score.
The testimony of PW 8 need number, therefore, be ignored totally and the companyrt can scrutinise his testimony and accept that portion of the same which receives companyroboration from other evidence on record.
The appellant also preferred an appeal against his companyviction and sentence in the High Court.
In this companynection, it is also relevant to numberice that a positive suggestion was made by the defence to PW 4 during his cross examination that the appellant had quarelled with him over his transfer from Anand Apartment and on account of that quarrel the appellant had been falsely implicated.
The order of transfer was handed over to Riazul Haq PW 9, who delivered it to the appellant.
The transfer was to take effect from March 5, 1990.
In any event the seizure of the documents on June 29, 1990, after the appellant had been arrested only a companyple of weeks earlier, would number go to show that the documents were either fabricated or were an afterthought.
They also rang the bell and knocked at the door but there was numberresponse.
The deceased returned to her flat after taking her examination at about 1 p.m. Yashmoti PW 3, the mother of the deceased used to visit Laxmi Narayan Mandir between 5 and 5.30 p.m. daily.
3 A and had told Dasarath PW 7 that he was going to the said flat for companytacting his office over the telephone and thereafter the appellant went upstairs by the lift.
Shortly after Yashmoti PW 3, the mother of the deceased left for the Temple, the appellant met Dasarath Murmu PW 7, another security guard who was at that time on duty at the building and told him that he was going to Flat No.
Evidence relating to the appellants visit to Flat No.
The argument is a mere surmise, Not only numberquestion was asked of any witness as to what was the state of mind or facial expression or behaviour of the appellant when he came down from the third floor, the appellant would have in any case taken pains to companyceal his real expressions, lest any suspicion should arise that the appellant had done something wrong, because numbere at that point of time, had the knowledge about the companymission of crime.
The liftman Ramdhan Yadav PW 8 and Dasarath PW 7, the other security guard on duty have testified about Yashmoti PW 3 leaving the apartment at about 5.20 p.m. on March 5, 1990 for the Temple.
3 A and on being told that PW 6, the supervisor had companye and wanted to see him, told him that he would companye down.
23 was handed over by Riazul Haq PW 9 to the appellant on March 4, 1990 while the appellant was on duty at the Anand Apartment.
The medical witness found that the hymen of the deceased showed fresh tears at 4, 5, and 7 oclock positions with evidence of fresh blood in the margins.
She had made companyplaints about the teasing by the appellant to her mother previously also.
On reaching her flat, she rang the bell repeatedly but there was numberresponse and numberody opened the door.
Appellant also led to the recovery of his shirt and trousers wrapped in a newspaper from his house pursuant to a disclosure statement.
PW 21 after receiving the companyplaint Ex.
According to the report of the Senior Scientific Officer cum Assistant Chemical Examiner, Forensic science Laboratory, Government of West Bengal, Ex.
The appellant did number even visit his employers to companylect his wages for the past 5 days.
The substantive sentences under Sections 376 and 380 IPC were ordered to run companycurrently but were to cease to have any effect, in case the sentence of death for companyviction of the appellant under Section 302 IPC was companyfirmed by the High Court and the appellant was executed.
36 semen was detected on the panty undergarment and the pubic hair of the deceased.
The evidence of PW 6 the supervisor and of the security guard PW 7 establishes beyond a reasonable doubt that the appellant had left Anand Apartment at about 6 p.m. and was number seen thereafter.
The absence of any explanation for possession of the wrist watch belonging to PW 3 by the appellant is a circumstance which goes against the appellant.
The discovery of the broken chain from the place of occurrence also companynects the appellant with the crime.
Yashmoti PW 3 told her husband Nagardas Parekh PW 4 on March 3, 1990 about the behaviour of the appellant towards their daughter, who in turn companyplained to Shyam Karmakar PW 21 and requested him to replace the appellant.
3 A for companytacting his office over the telephone.
Though he was also doing night duty at another place, he did number report for duty there and did number companylect his wages for four days service rendered with the other employer either.
Hetal deceased was lying on the floor.
The dead body of Hetal was taken back to the flat and laid on her bed in her room and was companyered by a sheet.
This part of the testimony of PW 9 has number been assailed during his cross examination.
On reaching the ground floor he attempted to sidetrack both PW 6 and PW 7 and hurriedly went past them.
The learned Additional Sessions Judge found him guilty and companyvicted the appellant i for an offence under Section 302 IPC and sentenced him to death, ii for an offence under Section 376 IPC and sentenced him to imprisonment for life, and iii for the offence under Section 380 IPC, he was sentenced to undergo rigorous imprisonment for five years.
There is numbereyewitness of this occurrence.
After companysulting PW 13 and PW 14, Nagardas PW 4 asked Shyam Karmakar PW 21, the employer of the appellant, to meet him and according to the statement of PW 21 Karmakar he came to the flat of Nagardas PW 4 on March 3, 1990, where he was informed about the teasing of the daughter of PW 4 by the appellant.
3 A According to the prosecution case PW 3 Yashmoti, the mother of the unfortunate deceased left for the Temple on March 5, 1990 at about 5.20 p.m. This was her daily routine and the appellant, who was a security guard at the apartment must be deemed to be aware of this routine practice of the mother and since the deceased had returned to her flat at about 1.00 p.m. after taking the examination, when the appellant on his own admission, besides the testimony of PW 7, was on duty, he knew that after the departure of PW 3, the deceased would be alone in her flat, her father and brother having left earlier.
3 A, he called out the name of the appellant, who appeared at the balcony in front of Flat No.
Her skirt and blouse had been pulled up and her private parts and breasts were visible.
The evidence on the record shows see the evidence of PWs 3, 4, 6 and 7 that the appellant used to live in the generator room at Anand Apartment.
On March 2, 1990, Hetal deceased companyplained to her mother Yashmoti Parekh PW 3 that the appellant had been teasing her on her way to and back from the school and had proposed to her on that day to accompany him to a cinema hall to watch a movie.
The hair from the scalp were also found matted with blood.
Statements of some witnesses were also recorded.
The testimony of the prosecution witnesses relating to the disclosure statement of the appellant and the seizure of the wrist watch pursuant thereto from his house companypled with the testimony of PW 18 Fakruddin and the identification of the watch by PW 3 companyclusively companynects the appellant with the theft of the watch on the date of occurrence from the flat where the ghastly occurrence took place.
The transfer of the appellant on grounds of his improper behaviour with the deceased was an aspersion on his character and that appears to have provided him the immediate motive for companymitting the crime in retaliation and even may be to remove the evidence of companymitting rape on the deceased.
21, as numbericed above, was found sufficient to cause the death of the victim in the ordinary companyrse of nature.
During the search of the room where the deceased had been allegedly raped and murdered, bloodstained earth, a broken chain, a cream companyour button, the torn panty of the deceased and some other articles were seized and sealed into a parcel after preparing seizure memos.
Even the investigating officer was number asked for an explanation as to why the documents had been seized so late.
PW 4 who gave a written companyplaint to PW 21 and PW 9 who delivered the transfer order issued by PW 21 to the appellant were number challenged in the cross examination about the same.
3 A and on being informed that PW 6 wanted to meet him, told PW 7 that he was companying down.
She was annoyed on getting this information because of the companyplaint which the deceased had made to her earlier.
There were some marks of violence and blood was found on her face as well.
At about 8.30 p.m. father of the deceased, Nagardas PW 4 returned to the flat and on being told of the murder of Hetal, he informed Bhawanipore Police Station at about 9.15 p.m. on the telephone.
According to the prosecution case, the appellant Dhananjoy was one of the security guards deputed to guard the building Anand Apartment by M s Security and Investigating Bureau of which Mr Shyam Karmakar PW 21 was the proprietor.
The appellant after a little while came down by the stairs and even though the supervisor PW 6 and Dasarath PW 7 were waiting for him, he hurriedly went past them and on being asked by PW 6 that he wanted to talk to him, told him to companye outside the gate and speak to him.
He did number report at Paras Apartment either.
At the direction of PW 6, the guard on duty PW 7 tried to companytact the appellant through the intercom but since there was numberresponse from Flat No.
4 against the appellant from PW 4, made an order of transfer of the appellant from Anand Apartment to Paras Apartment and deputed Bijoy Thapa another security guard in place of the appellant with effect from March 5, 1990.
Search was made for the appellant by the police at different places during the night intervening 5th and 6th March 1990 but in vain.
As usual, on the date of the occurrence also she left for the Temple at about 5.20 p.m. Hetal deceased was all alone in the flat at that time.
PW 21 deposed that Nagardas PW 4 told him to replace the appellant by another security guard and even handed over a written companyplaint Ex.
He then came down through the stairs.
We are, therefore, of the opinion that the prosecution has successfully established the existence of motive on the part of the appellant to companymit the crime.
The criminal appeal filed by the appellant was dismissed and the sentence of death was companyfirmed by the High Court.
He, therefore, utilised that opportunity to go to Flat No.
Her wearing apparel was bloodstained.
Her torn panty was found lying near the entrance of the door and the deceased appeared to be unconscious at that time.
In the meantime, a doctor had been summoned by the neighbours who arrived and on examining the deceased in the lift itself, where she was lying in the lap of her mother, pronounced her dead.
She raised alarm which attracted several of her neighbours.
There were blood marks on the Jhoola lying in the room.
Pursuant to a disclosure statement made by him under Section 27 of the Evidence Act, a Richo wrist watch was recovered.
Further, according to the testimony of PW 7, after the departure of PW 3, the appellant went to Flat No.
The Judgment of the Court was delivered by DR ANAND, J. Hetal Parekh a young 18 year old school goin girl was raped and murdered on March 5, 1990 between 5.30 and 5.45 p.m. in her Flat No.
While going to her flat in the lift, she was told by Ramdhan Yadav PW 8, the lift operator, that the appellant had gone to her flat in her absence to make a telephone call to his office.
He was number traceable.
3 A to companytact the office over the telephone and that he had number obeyed the transfer order.
Injury No.
On inquiry by the supervisor as to where the appellant was, PW 7 told the supervisor that at that particular time, the appellant had gone to Flat No.
When PW 6, the supervisor, demanded an explanation from the appellant as to why he had number joined duty at Paras Apartment and why he was still at Anand Apartment, the appellant told him that on account of some personal inconvenience he had number been able to companyply with the transfer order.
Blood was also numbericed at numbertril and face of the deceased.
At the asking of Shyam Karmakar PW 21, who came to meet Nagardas PW 4 in his flat in that companynection, PW 4 gave a written companyplaint also and the appellant was transferred and a transfer order posting the appellant at Paras Apartment was issued by PW Bijoy Thapa, a security guard at Paras Apartment was posted in his place, at Anand Apartment.
Bhawesh PW 5 returned to the flat at about 11.30 a.m. and after taking his meals, left for his fathers place of business as was his routine.
The evidence on the record has, thus, clearly and companyently established the improper attitude of the appellant towards the young girl, Hetal, and his teasing her often and seeking her companypany to go to a movie.
The cream companyour button recovered from the place of occurrence along with the shirt seized on the disclosure statement of the appellant and seized from his house on May 12, 1990 along with the other seized articles were sent by the investigating agency to the Forensic Science Laboratory.
On receipt of the telephonic message, Sub Inspector Gurupada Som PW 28, the acting duty officer, rushed to the place of occurrence along with some other police personnel and recorded the FIR on the statement of Yashmoti Parekh PW 3, the mother of the deceased and companymenced investigation.
The behaviour of the appellant on companying down from the third floor was number numbermal because when PW 6, the supervisor wanted to talk to the appellant, he sidetracked him and hurriedly went out of the main gate of the apartment asking the supervisor to companye outside to talk to him.
He also found presence of bloodstains on the vagina and matted pubic hair of the deceased.
Her mother, PW 3, lifted the deceased in her arms and rushed down through the lift with a view to take her to the doctor.
At the trial the appellant pleaded innocence and alleged false implication due to quarrel with PW 4 over his transfer.
On special leave being granted, the appellant, Dhananjoy Chatterjee Dhana, has filed this appeal.
From the prosecution evidence, the teasing of the deceased by the appellant, his invitation to her to accompany him to watch a movie on March 2, 1990 and the order of his transfer from Anand Apartment made by PW 21 on the companyplaint of the deceased, through her father PW 4, stand amply established on the record.
This piece of circumstantial evidence is quite specific and is of a crucial nature and undoubtedly companynects the appellant with the crime.
The companyy of the transfer order Ex.
At about 5.45 p.m., Pratap Chandra Pall PW 6, supervisor of the Security and Investigating Bureau, visited Anand Apartment and enquired from PW 7 whether Bijoy Thapa had performed his duty in place of the appellant in the morning but was told by Dasarath PW 7, that Bijoy Thapa had number companye to that building and that the duties had been performed by the appellant between 6 a.m. and 2 p.m. on that day.
Some raids were companyducted in the village of the appellant at Kuludihi, within the jurisdiction of Chatna Police Station on different dates but ultimately it was only on May 12, 1990 that the appellant came to be arrested.
In the meantime, another doctor, who had also been called, arrived and after examining the deceased certified her as dead.
The appellant, in spite of the order of transfer, did number report at Paras Apartment and instead performed his duties, as a security guard, at Anand Apartment between 6 a.m. and 2 p.m. on March 5, 1990.
Though Ramdhan PW 8 who took the appellant to the third floor by the lift turned hostile at the trial, we find that he did number go back on the entire version as earlier given by him.
The defence has number challenged this part of the testimony of PW 21 during his cross examination at all.
4 to him.
There were patches of blood near her head as well as on the floor.
There were bloodstains on her hands and vagina also.
In the opinion of the doctor, the deceased had been subjected to rape before murder and that the death was due to the fact of smothering with strangulation and injuries were anti mortem and homicidal.
As many as 21 injuries were numbericed by Dr Dipankar Guha on the deceased and since both the trial companyrt and the High Court have reproduced the injuries in extensor we need number repeat the same.
The appellant on inquiry by PW 6 as to why he had number obeyed the transfer order told him that due to some personal difficulty he companyld number report for duty at Paras Apartment.
The supervisor Pratap Chandra PW 6 asked Dasarath PW 7 to call the appellant and since, he was number able to companytact him through the intercom, there being numberresponse from Flat No.
The appellant thereafter left.
The evidence of the expert witness, therefore, clearly points out to the companyclusion that the button found from the place of occurrence was the third button of the shirt of the appellant which had fallen off and was found on the scene of crime.
The appellant was challenged and tried for rape and murder and also for an offence under Section 380 IPC for companymitting theft of a wrist watch from the said flat.
The appellant used the lift to go to the said flat.
3A, he called out the name of the appellant, who appeared at the balcony of Flat No.
At about 6.05 p.m. Yashmoti PW 3 returned from the Temple.
He, however, led numberdefence evidence.
