Jay Sengupta, J. - (1.) This appeal is directed against the judgment and order of conviction dated 28.07.2008 and sentence dated 29.07.2008 passed by the Learned Additional Sessions Judge, 5th Fast Track Court, Malda in ST No. 22 (6) 07: SC No. 78/05, thereby convicting the three appellants under Sections 302, 201, 120B, 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default to suffer simple imprisonment for three months for the offence under Section 302 of the Penal Code and to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for two months for the offence under Section 201 of the Penal Code, both the sentences having to run concurrently, while no separate sentence was passed for the offence under Section 120B of the Penal Code.
(2.) On 04.03.2005 at about 10:05 hours, PW 1, a Gram Panchayat member lodged a First Information Report under Sections 302, 201, 120B, 34 of the Penal Code alleging that the present appellants had committed murder of the victim Sumi Tudu. It was alleged that on 04.03.2005 at about 3:00 hours the appellant no. 1 Janata Hembram called PW 1 from his sleep and confessed that last evening he had murdered his aunt Sumi Tudu with an axe. Tala Hembram and Charka Murmu, who were not examined as witnesses in this case, also came with him and the appellant no. 1 narrated the incident to them as well. On enquiry the appellant no. 1 said that his wife Dipali Hansda, the appellant no. 2 had been suffering from epilepsy for a few days. The couple had no issue despite getting married 6/7 years back. The appellant no. 1 had suspected that the victim Sumi Tudu was responsible for this as a 'fuskin'. He told this to Tala Hembram, the second son of the victim i.e., the appellant no. 3. The appellant no. 3 told the appellant no. 1 that the latter could kill the victim if possible and the former would be by his side. Being assisted by and in conspiracy with each other the appellants jointly murdered the victim. In the morning the appellant no. 1 again confessed his guilt at the spot in front of the everybody. After this, the de facto complainant and others detained the three appellants and handed them over to police. It was reported that the axe was thrown away towards a small ditch situated at the back of PW 15's house.
(3.) Investigation commenced. On 04.03.2005 at about 10:45 hours PW 16, the Investigating Officer held an inquest over the dead body of the victim in presence of the witnesses PWs 1, 3, 6, 12 and 14. The head of the victim was found smashed and the face completely deformed. The preliminary investigation supported the allegations in the First Information Report about the appellant no. 2 suffering from epilepsy, the couple being childless and the tacit support of the appellant no. 3 for any attempt by the appellant no. 1 to finish off the victim. It was further revealed that on 03.03.2005 at about 22:00 hours when the victim/deceased was in an intoxicated state, then the appellant nos. 1 and 2 attacked the deceased and the appellant no. 1 landed blows on the head of the victim with a long handled axe repeatedly. As a result, the victim's head was completely smashed and she died on spot. On that night the appellant no. 1 confessed his offences before several villagers. PW 8, a doctor conducted a post-mortem examination of the dead body on 04.03.2005 at about 14:05 hours. At least seven injuries were found on the dead body. Assault was by hard and blunt objects, by hard and heavy sharp cutting instruments. After completion of investigation, a charge-sheet was submitted against all the accused under Sections 302, 201, 120B, 34 of the Penal Code.;