- (1.) One Bisheswar Yadav was residing in Baikuntha Palli, Police Station Bhakti Nagar, Siliguri. He sold one of his properties at and for a sum of Rs. 2.51 lacs. His daughter was getting married at Bihar. He left his residence at Bhaktinagar along with a sum of Rs. 1.75 lacs for Bihar for his daughter's marriage. He was last seen at Bhaktinagar on December 8, 2005. After he went missing, his wife Gandhi Devi, the appellant No. 2 above named, did not lodge any complaint with the Police Station. She, however, telephoned PW-1 to enquire whether Bisheswar had reached Bihar or not. After five/six days, PW-1 again enquired about Bisheswar over telephone when Gandhi Devi told him that she did not lodge any missing diary. PW-1 wanted to come to Siliguri. Gandhi Devi told him to stay back and informed him that she would come to Bihar within two/three days. Gandhi Devi accordingly went, however, did not visit the house of PW-1. Gandhi Devi went to Madhepura where her daughter Sanjana was residing. PW-1 came to know that Gandhi Devi had been visiting Madhepura with Shyam Yadav, the appellant No. 1 who was staying with Bisheswar and Gandhi Devi in their Bhaktinagar residence. PW-1 went to Madhepura and met Gandhi Devi. Gandhi Devi told her that she was suspecting Umesh, Chandra Kishore and Khoka Yadav in the matter of disappearance of Bisheswar. PW-1 informed Gandhi Devi that since December 7, Umesh was in Bihar. According to PW-1, Shyam Yadav was involved in abduction of Bisheswar.
(2.) PW-1 then came to Siliguri and lodged a complaint on December 26, 2005 suspecting Gandhi Devi and Shyam Yadav having killed Bisheswar and buried him in a room in the premises where they were living. Police came and with the help of masons dug up the floor of a cuchcha room having bamboo structure and unearthed the dead body of Bisheswar in presence of a Magistrate being PW-15.
(3.) Gandhi Devi and Shyam were arrested. They pleaded innocence and faced trial. The learned Sessions Judge held them guilty of the offence and convicted them under Section 302, 201 read with 34 of the Indian Penal Code. According to the learned Judge, this was rearest of the rear cases and as such sentenced them for capital punishment.;