DHANANJOY CHATTERJEE ALIAS DHANA V. STATE OF WEST BENGAL AND ORS INSC 209

The court ruled in favor of Dhananjoy Chatterjee Dhana, who was convicted of rape, murder, and theft of a watch. The appellant was sentenced to death, life imprisonment, and rigorous imprisonment for five years. The substantive sentences were to run concurrently but cease if the High Court confirmed the death sentence but soon the appellant's criminal appeal was dismissed, and the sentence of death was confirmed. On special leave, Dhananjoy Chatterjee Dhana has filed an appeal. The prosecution case alleged that the appellant Dhananjoy who was a security guard assigned to guard the Anand Apartment building, was teasing Hetal, who had previously complained to her mother. Nagardas Parekh, a neighbor, complained to Shyam Karmakar PW 21 about the teasing and requested a replacement. Shyam Karmakar PW 21 issued a transfer order and Bijoy Thapa who was a security guard at Paras Apartment, was posted at Anand Apartment. The transfer took effect on March 5, 1990. Hetal Parekh, the mother of the deceased, was alone in her flat when she left for the Temple. The appellant, who had been assigned to her apartment, did not report to Paras Apartment and instead performed his duties at Anand Apartment. the same day, Nagardas Parekh and his son Bhawesh Parekh left for their business and college. The deceased, Hetal, returned to her flat after taking her examination. Yashmoti, the deceased's mother, visited Laxmi Narayan Mandir daily and was alone in the flat at the time. The appellant, a security guard, did not report to Paras Apartment. At 5.45 p.m., the supervisor of the Security and Investigating Bureau visited Anand Apartment and inquired about Bijoy Thapa's duty. Dasarath PW 7 informed him that Bijoy Thapa had not come to the building and that the appellant had been working there. the supervisor told the appellant to come down by stairs but the appellant explained that due to personal difficulties, he could not report for duty at Paras Apartment and was advised to take charge the next day. Yashmoti returned from the Temple and found her flat empty. She called her office to make a call and rang the doorbell but received no response. She raised concern and called the neighbors who broke the door. She found Hetal lying on the floor with blood on her head, hands, and vagina. A doctor pronounced her dead, and the body was taken back to her flat.

The father of the deceased, Nagardas informed Bhawanipore Police Station about the murder. Sub-Inspector Gurupada and other police personnel searched the room, seized bloodstained earth, a broken chain, a cream color button, and other items. Witness statements were also recorded.

The appellant, who vanished and was not traceable, was arrested on May 12, 1990, after a night raid in Kuludihi. He pleaded innocence and alleged false implication due to a quarrel with PW 4. He claimed to have purchased fruits for a sacred thread ceremony and left for his native place with them. He denied the recoveries allegedly made from him but did not provide any defense evidence. The appellant was charged under section 380, 302 and 376 of the IPC.