Alok Kumar Basu, J. - (1.) This appeal was directed against the judgment and order of the learned Additional Sessions Judge, Midnapore in connection with Sessions Trial No. II/March, 1996. The learned Additional Sessions Judge convicted both the appellants under section 302/34 of the IPC and also under section 201/34 of the IPC and both of them were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.10,000/ in default to suffer rigorous imprisonment for three years under section 302/34 of the IPC and they were also sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/- each in default to suffer rigorous imprisonment for six months for the offences under section 201/34 of the IPC.
(2.) The prosecution case in brief was that on 10th April, 1994 at about 7 p.m. in the evening Sukesh Jana, the 4th son of Gourhari Jana of village Sithibinda under P.S. Pingla went to their shallow machine room. At about 8 p.m. one Jhantu Ghoroi of the same village informed that he had heard shouting of Sukesh from inside the shallow room. On getting this information, Gourhari with some of his co-villagers went to the shallow room and found the body of Sukesh inside the pit of the shallow room and bringing the body therefrom, it was noticed that the body had marked of several injuries and, that apart, the neck was tied with nylon rope. The body of Sukesh was thereafter brought in the village. Out of suspicion appellant Sudarshan and Swapan were summoned by the villagers in the presence of Gourhari and his family members and both the appellants confessed that over a love affair both of them had killed Sukesh. It was also noticed during confession of both Sudarshan and Swapan that Sudarshan had sustained burn injury over the skin of his abdomen and Swapan Mal had marked of laceration on his right hand. Both the appellants confessed that they sustained injury at the time of commission of murder.
(3.) Gourhari thereafter lodged a written complaint before the O.C., Pingla P.S. and on the basis of that written complaint, a case was initiated. The Investigating Officer held inquest over the deadbody, sent the deadbody for post-mortem examination and also examined the available witnesses. Both the appellants were arrested and taken into custody and subsequently on the basis of statement of Swapan his locket was recovered from the pit of shallow machine of Gourhari and a burnt nylon fishing net was recovered from the house of Sudarshan. The Investigating Officer also produced both the appellants for medical examination and the doctor found injuries on the persons of both the appellants.;