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17. One Swapan Kumar Jana lodged a written complaint with the Officer-in-Charge of Pingla Police Station on May 3, 2021 stating, inter alia, that some work was going on in his house. In course of the ongoing works, the victim went to the bathroom of the old house for washing utensils after the de-facto complainant and his family lunched at about 2:35 p.m. He further stated that after sometime at about 3:40 p.m., the de-facto complainant started searching for the victim but she could not be found. After searching everywhere in the house, the de-facto complainant went to the abandoned house of his uncle situated on the back of his house. The victim was found in the store room of such house in a naked condition lying in a pool of blood with a noose tied around her neck. She was lying flat on the ground. The de-facto complainant took her out of the room. According to the written complaint, the de-facto complainant firmly believed that the appellant who were named in the written complaint had raped and murdered the victim.

19. The de-facto complainant himself deposed as P.W. 1. He stated that his younger daughter died on May 3, 2021. He also stated that at the time of the alleged incident two masons and one labourer was working in his house under the control of a labour contract. The old house where the repairing work was going on was situated adjacent to the house of P.W. 1. The house of his uncle was located immediately on the back side of his old house where the repairing work was going on. His uncle was not living in the house located behind the old house of P.W. 1 where the repairing work was done. He had shifted to other place. P.W. 1 identified the appellants in Court. P.W. 1 further stated that on the date of alleged incident, after completing lunch he had kept the wash dishes and utensils in the bathroom located adjacent to his house. The victim went to the pond and threw away the waste foods and, thereafter, she went to the bathroom for washing the utensils. P.W. 1 also stated when he went to keep the used utensils in the bathroom he saw the appellant Tapati working at a distance of 7/8 hands from the bathroom. The other two male appellants were also working in his house at the relevant time. No one else except the three persons was present at the spot.

36. A co villager of the de facto complainant deposed as PW12. He stated that he knew the victim who died two years ago. On the date of incident at about 2.00/3.00 p.m. he rushed to the place of occurrence, hearing hue and cry and found that the body of the victim was being laid on a cot. He saw bleeding injuries and scratch marks on different parts of the body. There was no undergarment or wearing apparel on the lower portion of the body of the victim. PW12 also stated that the appellants, whom he identified in court, were the only outsiders present in the house of PW1. They were engaged for some construction work. He further stated that police brought sniffer dog which indicated the place where the appellants were working. He informed police over phone and he was interrogated by police.

40. Another co villager and neighbour of the de facto complainant deposed as PW16. He also visited the house of PW1 hearing hue and cry. He along with his wife went to the house of PW1 and found the dead body of the victim on the cot. He heard that the victim was raped and murdered. He also found profuse bleeding from the lower private parts of the victim. She had several injury marks all over her body. There was no wearing apparel or undergarments on the lower part of the victim. He also found the three appellants present at the spot, whom, he identified in court. He was interrogated by police in connection with the case.