D.P. Sengupta, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Howrah dated 27.04.1998 and 29.04.1998 in Sessions Trial No. VII (4) of 1993 thereby convicting the accused appellants under Ss. 302/201/34 of the Indian Penal Code and sentencing both of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - each, in default to suffer further rigorous imprisonment for three months.
(2.) The prosecution case, in short, is that victim Arun Dutta and his wife Sujata (appellant No. 1) used to live in their ancestral house with other brothers at 12/1, Acharya Para Lane, P.S. Shibpur, District - Howrah. During this period one Swapan Sarkar (appellant No. 2) came to be acquainted with Arun Dutta and his wife Sujata in their ancestral house. Swapan Sarkar developed an intimacy with Arun Dutta and they decided to start a business. After sometime Sujata Dutta and Swapan Sarkar (appellants herein) both started behaving in such a fashion that could not be accepted by the other members of the joint family and trouble started over such issue. The eldest brother Rabilal Dutta protested and over such incident their fourth brother Arun Dutta (the victim) misunderstood them and thought that they were creating trouble. So, Arun Dutta left the house and started living at a rented accommodation at 8, Umesh Chatterjee Lane, Howrah with his wife Sujata, two daughters and also Swapan Sarkar. This induction of Swapan Sarkar in the family of Arun and his stay in the rented house made the other members of the joint family annoyed and none of the members of the joint family used to visit the rented flat of Arun though his mother Binapani Dutta visited the flat of Arun and Arun in turn also often used to visit the joint family house, used to talk with his mother for sometime and then used to leave the ancestral house.
(3.) On 31st December, 1992 after receiving salary Arun informed his mother that he was going to his rented house to give money to Sujata and on the following day when he returned to his ancestral house, he reported to his mother that his wife Sujata told him that she had no need of money and he also disclosed to his mother that his relation with his wife Sujata became strained.;