Gorachand De, J. - (1.) This appeal by the convicts Budhrai Murmu and Ganesh Murmu is directed against the order of conviction dated 23.2.93 and sentence imposed on 26.2.93 in Sessions Trial No. 260/92 (Sessions Case No. 6/92) arising out of Habibpur P. S. Case No. 57 of 1989 dated 22.9.89 (G. R. No. 1120/89). By the said judgement, the learned Sessions Judge, Malda, found both the appellants guilty under section 302/34 of the IPC and under section 201 of the IPC and convicted them thereunder and sentenced each of them to suffer R.I. for life for the offence under section 302 of the IPC and to pay a fine of Rs. 2000/-, in default, to suffer imprisonment for one year and for the offence ' under section 201 of the IPC to suffer R.I. for two years and to pay a fine of Rs. 1000/-, in default, to suffer imprisonment for six months more, with direction that both the sentences were to run concurrently.
(2.) By the said judgement, the learned Sessions Judge found the other two accused persons i.e. Hopna Tudu and Hudan Murmu not guilty to the charges and accordingly acquitted both of them.
(3.) The prosecution case in brief is that one Teri alias Mati, by relation as 'Pisima' (father's sister) of the appellants Budhrai Murmu and Ganesh Murmu, was found missing for sometime for which the Prodhan of the local Gram Panchayat Shri Kalyan Hansda called both the appellants to his house when both of them made extra-judicial confession that they about 17 days ago on Wednesday dated 6.9.89 took Mati Murmu to their house from Bahadurpur Hat and after the dinner when Mati was sitting in the Verandah of the appellant Ganesh, both Ganesh and Budhrai killed Mati in their courtyard by strangulation at about 8 p.m. Thereafter both of them wrapped the dead body with a mat prepared of date-palm leaves and carried the dead body to the marshy land at Kiolkhari and buried the dead body there. Before burying, the belly of the dead body was split up by means of a kata brought from the house of the appellant Ganesh for the purpose of avoiding swelling of the body. At the time of this extra-judicial confession, Subodh Adhikari (P.W.I), Daniel Murmu (P.W.2) and Tobius Tudu (P.W. 6) were also present. Accordingly, both the appellants were taken to Habibpur Police Station. The statement of Kalyan Hansda (P.W. 5) was reduced into writing in the police station and on this basis Habibpur P. S. Case No. 57/89 dated 22.9.89 was started. In course of investigation, it was ascertained that the victim Mati for the last three years was residing with Hopna Tudu as husband and wife after the death of Hopna's wife and that she was the owner of some landed properties.;