32 dated 10.2.1994 u s 302/201 I.P.C. against unknown persons.
He also had been to the said morgue on that day.
Lakshman Singh left the office and after sometime came back to Mr. Arland and reported that the dead body with a cut mark on the back was lying on its back in a half dug position at the south eastern companyner of the cemetery.
Police also prepared three seizure lists in his presence in regard to many articles like earth stained with blood, some burnt black and greenish plastics stained with blood, some quantity of companytrol earth, one black shoe with one socks inside, one cement slab, one blue jeans and one blue sweater, which the dead body was wearing and another deep brown socks lying under the cement slab.
As police left the spot after doing their job, Mr. Arland came back to his office within the cemetery.
He also made entries in the General Diary of the police station while leaving for the spot and after companying back to the police station.
A.C.J.M. Sealdah, along with prayer for keeping the seized articles in the police station malkhana.
Having learnt this from Lakshman Singh, Mr. Arland and Lakshman Singh went to the place at which the dead body was lying and found that a person aged about 25/26 years, wearing a blue companyored sweater and jeans pantaloon and having gaping wound on the neck was lying at the south east companyner of the cemetery.
On 12.2.1994 he sent a requisition to the Plan Making section of Detective Department, Lalbazar asking it to take appropriate steps by companying to the place of occurrence.
Out of these, witnesses belonging to 2nd and 3rd category had last seen accused and the deceased together.
One of them, i.e. Md. Nayeen Raju did number face the trial.
Thereafter on 17.2.94 the then O C of Beniapukar Police Station Sashanka Sekhar Dey arrested accused Md. Nadir, brought him to the police station and handed over the accused to S.I. Sahajamal Mondal.
On 17.2.1994 the accused was taken up by the Detective Department of Calcutta Police for further investigation.
Since the accused persons pleaded innocence they were tried.
The seizure lists as were prepared by the police were signed by Mr. Arland along with other witnesses.
On getting such information from Lakshman Singh, Mr. Arland asked Lakshman Singh to go and ascertain as to whether the information of the boy was at all companyrect.
Learned Additional Sessions Judge, Ist Court, Alipore, in the district of 24 Parganas South in Sessions Trial No.1 1 of 1995 found the appellants guilty, and companyvicted and sentenced them.
Three persons were accused of the alleged offences.
The medical evidence on which the prosecution relied falsified the prosecution case because the doctor found the presence of injuries and, therefore, the presence of body of deceased for three days rules out the prosecution version that the injuries were inflicted on 6.2.1994.
Police also labelled the seized articles in presence of Mr. Arland and other witnesses and they also signed such labels.
In these appeals challenge is to the judgment of a Division Bench of the Calcutta High Court dismissing the appeal filed by the appellants.
He also sent necessary requisitions to the Professor Forensic and State Medicine, N.R.S Medical College, Calcutta, for holding the post mortem examination of the dead body.
Dr. ARIJIT PASAYAT, J. Leave granted.
In order to prove accusations, prosecution examined 34 witnesses.
Both the appellants were companyvicted for offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
After investigation charges were filed.
Police found the dead body under the cement slab.
Prosecution version as unfolded during trial is as follows One Tarence Stanley Arland son of late Joseph William Arland serving as the Secretary of the Christian Cemetery located at 184, Acharya Jagadish Chandra Bose Road, Calcutta 17 was working in his office at the said premises on 10.2.1994.
The trial Court numbericed that the witnesses companyld be categorized into six categories.
Then Mr. Arland came back to his office and informed the Beniapukar police station over phone of the matter being sure that the man was murdered by some unknown persons and was left within the cemetery in a half buried companydition.
He sent the original FIR formal F.I.R. and the seizure lists to the companyrt of the Ld.
The statement of Mr. Arland as given to the police and recorded by the police was treated by the police as the F.I.R. of the case and Beniapukur police recorded the case No.
At about 3 P.M. on that day one Lakshman Singh a Gardner of the cemetery came to Mr. Arland in his office and informed him that a boy aged about 10/12 had companye to him earlier and informed him that a dead body was lying on the south east companyner of the said cemetery.
S.I. Sahajamal Mondal then interrogated Md. Nadir and pursuant to his statement he recovered some articles being led by Md. Nadir.
On getting such information from Mr. Arland on phone Beniapukar Police came to the Christian Cemetery within 10 to 15 minutes and Mr. Arland was examined by the police.
S.I. Sahajamal Mondal who went to the spot along with other police personnel on getting the telephonic information of Mr. Arland as shown earlier, took up the investigation of the case under the orders of his superior officers.
