SURYA KUMAR TIWARI, J. - (1.) This appeal is directed against the conviction and sentence recorded by Shri A.K. Dasgupta, Sessions Judge, Malda, in Sessions Trial No. 11 of 1990.
(2.) The following facts are not in dispute in this appeal : Accused Hawa Hembram, appellant No. 1, died on 4-10-1990, as per report of the Jail authorities. The three appellants (including the deceased Hawa Hembram) are brothers. P.W. 3 Joshef Murmu is the cousin of the appellants'. P.W. 1 Sanjali Soren is the wife of P.W. 3 Joshef Murmu. Deceased Marangmayee was the sister and deceased Moti Tudu was the mother of P.W. 3 Joshef Murmu.
(3.) The case of the prosecution is that accused Hawa Hembram (since dead) had a son and a daughter who had been ailing for some time. He called one Domon Kabiraj (A witch doctor) who treated them and told accused Hawa that Moti Tudu and Marangmayee were responsible for the illness of the two children. It is because of their witchraft that the children were ailing. On the same day the two children expired.;