Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 26.2.2013 and 27.2.2013 passed by the learned Additional Sessions Judge 1st Court, Bankura, in Sessions case no. 21(09)2010 (Sessions Trial No. 1(11)2010 convicting the appellants for commission of offence punishable under sections 302/34 of the Indian Penal Code and sections 201/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.5,000/ each, in default to suffer simple imprisonment for six months for the offence punishable under section 302/34 of the Indian Penal Code to suffer rigorous imprisonment for three years six months and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for one month more for the offence punishable under section 201/34 of the Indian Penal Code, both the sentences to run concurrently.
(2.) The prosecution case, as alleged against the appellants,, is to the effect that on 24.04.2010 the appellants had called the victim Rasabati Soren from her house thereafter she went missing. When her sons, Bablu Soren and Chotolal Soren returned to the house and they were informed of such fact by their sister Anjali (P.W. 12). As their mother did not return home, they went to search for her and found that the appellants were digging a grave on the bank of Darakeswar river for interring the dead body of their mother. When they confronted the appellants, the latter threatened them that they would also be killed. As a result they kept silent for three days and when their brother Mahul Soren came back home, first information report was lodged by Bablu Soren (P.W. 4) at Bankura P.S. resulting in registration of Bankura P.S. Case No.82/10 dated 27.04.2010 under sections 302/201/120B/34 of the Indian Penal Code. In the meantime the dead body of the victim had been recovered from the bank of Darakeswar river and Bankura P.S. UD Case no. 244/10 dated 27.04.2010 was registered in that regard. Magisterial inquest was held over the dead body of the victim. Post mortem examination was conducted and thereafter charge-sheet was filed against the appellants in the instant case.
(3.) The case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, 1st Court, Bankura for trial and disposal.;