J.Banerjee, J. - (1.) By the judgment and order dated 25.7.91, the Additional Sessions Judge, Midnapore convicted all the three appellants under sections 302/34 IPC and sentenced them to suffer life imprisonment and also to pay fine of Rs. 2000/- each in default R.I. for one year each. The appellants/accused have filed this appeal challenging the said judgment and order.
(2.) The prosecution case, shorn of unnecessary details, may be stated thus. The deceased Bhadra Hansda, the husband of the informant Raimani Hansda had taken the sister of the accused persons as his first wife. But the said first wife at the relevant point of time was not allowed to live with the victim Bhadra and she had to live in her father's house. Over this there was altercation between the accused/appellants in one side and the victim in the other wherein the accused/appellants wanted to know why the victim was not living with his first wife and why such first wife had to live in her father's house. Then in the night of 19/20.10.86 at about 1/2 A.M. when the informant along with her two sons and husband were lying in her room, appellant/accused Budhia Murmu called the victim and asked him to go to his house (house of the accused) in order to settle the altercation and mutual assault over the aforesaid issue. Victim Bhadra expressed his unwillingness to go there at that hour of the night and told him that he would go in the morning. At this accused Budhia entered into the room and forcibly took out Bhadra of the room. The information followed them with a light and found that the other two appellants/accused Uday Murmu, Budhia Tudu were standing there with two daggers in their hands. The informant followed the appellants/accused, who dragged her husband. In this way, the informant went near the verandah of Budhia and found that her husband Bhadra was laid down facing sky while Budhia caught hold of his hands and other two accused, namely, Uday and Budhia Tudu were cutting throat of Bhadra with daggers. On seeing this, the informant raised alarm and rushed towards her house. Then she informed some of the witnesses and after that came to the house of Budhia with these persons to whom the informant reported what had been seen by her. But coming to that spot she could not find anybody there. But at that point of time, they found marks of blood at the spot. In the morning a search was launched and following the marks of blood they discovered the deadbody of Bhadra floating in the Palania canal.
(3.) On the basis of the aforesaid information in the FIR Dantan P.S. started Case No. 6/20.10.86 and on completion of the investigation submitted the charge-sheet under section 302/34/201/364 IPC. After the case was committed to the Court of Sessions, the learned trial Court framed charge under section 302 read with section 34 IPC against the accused/appellants and the trial proceeded when the appellants pleaded not guilty and claimed to be tried.;