Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 06.03.1999 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly, in Sessions Trial No.122 of 1991 convicting the appellant for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/- each in default of fine to suffer R.I. for six months more. No separate sentence was imposed upon the appellants for the commission of offence punishable under Section 201 of the Indian Penal Code.
(2.) Prosecution case as levelled against the appellants is to the effect that Chameli @ Basiran Bibi was a tenant under the informant namely Kalpana Adhikary. In the night of 5.7.1988 around 9 P.M. there was a quarrel between Amulya, another tenant and Chameli. Appellant no.1 Amar intervened and abused Chameli and there was an exchange of hot words. On 6.7.1988 around 10 A.M. Kalpana left for Chinsurah Imambara Hospital and on her return she was informed by Lakshmi Debi (P.W.20) that Chameli had vacated the room. Her belongings could not be found in her room. Informant asked Amar Das, an adjacent tenant about the whereabouts of Chameli but he replied that he did not know anything. Subsequently, dead body of Chameli concealed in a gunny bag and her belongings were recovered from a room under the possession and occupation of Amar and it was suspected that Amar and his wife, the appellants herein had murdered Chameli and concealed her dead body. P.W.13 recovered the dead body of Chameli as well as her belongings and on the complaint of P.W.1 first information report being Chinsurah P.S. Case No.9/164 dated 6.7.1988 under Section 302/201/34 of the IPC was registered against the appellants. Charge sheet was filed against the appellants under Sections 302/201/34 of the Indian Penal Code. The case being a sessions trial one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed under Section 302/201/34 of the Indian Penal Code and the same was read over and explained to them. The appellants pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined 22 witnesses and exhibited a number of documents to prove its case.;