But at the same time, however, unnatural, abnormal or unusual behaviour of the accused after the offence may be relevant circumstance against him.
Raju A 5 was riding on the pillion and was carrying a bundle bochka .
Since the case is based on circumstantial evidence, the trial Court referred to various circumstances and held that the appellants were guilty while directing acquittal of A4.
In companysequence to the information furnished by these two accused, the body of the deceased was discovered near the tonal training office.
This Sipra Mallick Gupta is examined as P.W.3 in this case and from her evidence it appears, while she attended the telephone call one male person in low voice saying Chela Amader Kachaa Achaa, Khoja Khuji Kariban naa, policea Khabar Deban Naa, Ranadip is with us.
From the evidence of PW1, PW 2, PW 3, PW 4, PW7 i.e. Rabindra Kumar Mallick Gupta, Nupoor Mallick Gupta, Sipra Mallick Gupta, Ashit Bose and Manik Mallick Gupta, it is clear that the four accused named above were found in the Uttarar Math since morning of 11 A.M. to 5 P.M. when it was dark.
As numbered above, the judgment of the trial companyrt was assailed in appeal before the High Court.
Mallick Gupta P.W.7 .
On 19.11.2007 B.K. Laskar PW 25 took Sona A 1 , Bubai A 2 and Raju A 5 to the western side of the Uttar Math, from there a pair of hawai chappals and a length of nylon rope were seized vide exhibit 2/2.
This has been stated by Sudipta Das PW 9 .
Accused persons abjured guilt and therefore trial was held.
On getting information about involvement of other persons in the murder of Ranadip and removal of his dead body, all the seven persons including the present appellants were arrested on 16th November, 2001 and thereafter after recording the statement of witnesses, on receipt of post mortem report of Ranadip, recovery of certain incriminating articles at the instance of the appellants and on the basis of companyfessional statement of accused Choton Sarkar, S.l.
A seizure memo exhibit P 9 and the inquest exhibit P 12 were prepared.
This has been stated by Ravindra Gupta PW 1, Ashit Bose PW 4 and Manik Gupta PW7 On the same day at about 6.30 p.m. Sona A 1 was seen driving a motorcycle towards Alipur Duar junction.
At about 1.30 M., an anonymous telephone call was received by a neighbour wherefrom information was gathered about wrongful detention of Ranadip.
The prosecution version as unfolded during trial is as follows On 6 November, 2001 Ranadip hereinafter referred to as deceased son of Kr.
Challenge in these appeals is to the judgment of the Division Bench of the Calcutta High Court upholding the companyviction of the appellants except that the order of companyviction was modified and the appellants were companyvicted for offences punishable under Sections 364,302,201 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
According to P.W.4 he along with Daroga Babu and others went to the same math when it was dark.
All these PWs.
On 16.11.2001 Sona A 1 was arrested at 115P.M. Bubai A 2 at 145 P.M., Chotan A 3 at 125 P.M. and Tuhin A 6 at 105 P.M. They were companyfined at P.S. Alipur Duar.
This has been stated by Ashit Bose PW 4 , Sudipta Das PW 9 , Krishnan Sen Gupta PW 10 and Bhupin Dev Nath PW 11 .
Do number inform police and when she enquired who was speaking and from where, at that time the voice on the telephone was stopped.
On the same day at about 6.30 P.M. Sona A 1 made an extra judicial companyfession to Sudipta Das PW 9 outside the tea stall of one Malay.
The Ws i.e. even the parents and other relatives of the deceased did number suspect anything.
This has been stated by Proshanta Sen Gupta PW 15 , Subrata Sen Gupta PW16 , Provesh Biswas PW 18 , Atual Das PW 19 , Pranav Roy PW 23 , B.K.Laskar I.0 PW 25 and Sanjeev Basu PW 26 .
At that time also they found that these four accused Sona, Tuhin, Bubai and Choton were present there and when police personnel were going to make a search on the western side of the same ground, these four accused stated to them that they made search on the said western side jungle and there was numbernecessity to proceed towards that side.
It is number disputed piece of companyduct which is number companynected with the guilt of the accused is number relevant.
When de facto companyplainant returned from his office, he also made a search for his son, but, without any result and ultimately the companyplaint was lodged with the local P.S. alleging kidnapping of Ranadip with some dishonest intention.
3 and 6 are proforma respondents in Criminal Appeal No.
Mallick Gupta was playing on a nearby playground of his house and as he did number return even after the usual hour, his mother and other relatives started searching for him, but without any result.
122 of 2007.
Accused number.
On 16th November, 2001 getting information about locating of dead body of Ranadip at a place near Buxer forest on the basis of information given by appellant Debasish Sona and another accused Raju.
have companyroborated this part of evidence of PW 3.
However, when Saiyans father took away Saiyan, Bittu and the deceased also went away.
This part of the evidence of P.W. 1 is companyroborated by Ashit Bose P.W.4 and Manik Kr.
This call was attended by Sipra Mallick Gupta.
The circumstances numbericed by the trial Court and the High Court are as follows Debashish Das Sona A 1 , Joydeep Neyogi Bubai A 2 , Choton Sarkar A 4 and Babban Talukdar Tuhin A 6 were present in the Uttar Math at about 11.15 A.M. when the deceased along with Saiyan and Bittu were playing there.
Seven persons faced trial before learned Additional Sessions Judge Alipurduar.
This has been stated by Ravindra Gupta PW 1 , Ashid Bose PW 4 and B.K. Laskar PW 25 .
Thereafter making search police went away.
1285 of 2006, Debasish Das accused number1 is the appellant in Criminal Appeal No.
The accused told the P.Ws number to search in a specific side of the Uttarar Math and asked them to search Ranadip in other sides.
While accused No.2 Joydeep Neogi is the appellant in Criminal Appeal No.
In both appeals the High Court, except the modification of the companyviction, upheld the finding of guilt and dismissed the appeals.
He was informed that the deceased was number being found.
So, the presence of the accused for a whole day in a specific place and misleading the P.Ws to search in other place and number allowing them to search in a specific place certainly creates a cast iron cloud over the innocence of the accused persons.
This has been stated by B.K. Laskar I.0 PW 25 .
The hawai slippers were identified by Ravindra Gupta PW 1 and Nupur Gupta PW 2 as belongings to the deceased.
On 16.11.2001 Sona A 1 and Tony A 7 made disclosure statements under Section 27 of Evidence Act and discovered the dead body of the deceased.
When they reached the municipal road, they saw Sona A 1 companying on a cycle from the numberthern side of the ground.
122 of 2007.
Do number search for him.
Sona stated that the deceased, Bittu and Saiyan were playing on the ground.
From the evidence of P.W.4 it appears at about 5 P.M. in his presence police reached the house of Rabindra Mallick Gupta.
He asked them as to what had happened.
Similarly, when the police went in search of the deceased, these accused diverted the search from the western side of the field.
Laskar being the investigating officer of the case found a strong prima facie case against seven persons including the appellants under Section 363/364/302/201/34 IPC and on companypletion of investigation, charge sheet was accordingly submitted against seven persons including the present appellants.
They relied upon the accused on good faith.
From the trend of evidence discussed above it can be presumed like Ranadip deceased all the four accused i.e. Sona, Tuhin, Bubai and Choton are the para boys.
The four accused made extra judicial companyfessions before them.
P.W.7 also companyroborated this by stating that towards the evening on the same day at about 5.30 P.M. police came to their house and they narrated the incident to them and also the incident of Uttarar Math and then they along with the police personnel went to Uttarar Math where they again saw accused Choton, Sona, Bubai and Tuhin present there.
A criminal trial is number an enquiry into the companyduct of an accused for any purpose other than to determine his guilt.
Proshanta Sen Gupta PW 15 and Subrata Sen Gupta PW 16 met them in the lock up.
But at the same time they found these four above named accused to be loitering in the same Math and they again stated also to Daroga Babu that they had searched for Ranadip in jungle and other places but Ranadip was number there.
According to PW3, she narrated the incident before her husband Manik Mallick Gupta, PW 7 , Ashit Bose PW4 , Bhupen Debnath PW11 and many other persons.
Such companyduct is inconsistent with his innocence.
This has been stated by Debabrata Dhar P W 12 .
P.W.l and the members of the house narrated the incident to police and he also at that time stated to the police that on the same date at about 11/11.15 A.M., while he was companying through Uttarar Math, he found accused Sona, Bubai, Tuhin and Choton were loitering here and there in the same math and deceased Ranadip, Bittu and Sayan were also found playing there.
Six of them i.e. present appellants were companyvicted and one of them i.e. accused No.
At that time, Bubai A 2 , Choton A 3 and Tuhir A 6 were standing under a tree on the southern side of the ground When Ravindra Gupta PW 1 and other persons of the locality went in search of the deceased, the accused diverted their search from the western side of the ground.
At about 11.30 A.M. Nupur Gupta PW 2 and Krishna Dey PW 6 went in search of the deceased to Uttar Math.
4 was acquitted.
At that time Bubai A 2 and Choton A 3 were inside the tea stall taking tea.
So the companyduct which destroys the presumption of innocence can be companysidered as relevant and material.
