- (1.) THERE are two Appellants in this appeal. Appellant No. 2 is the wife of Appellant No. 1.
(2.) THE Appellants have been convicted under Section 302/34 I.P.C. for murder of Malay Kant Biswas by the judgment dated 20.03.2004 by the 5th Additional Sessions Judge( F.T.C.), Dumka and sentenced to life imprisonment without the mandatory fine. We have heard learned Amicus Curiae and the learned Counsel for the State. The F.I.R.( fard beyan, Ext.4) was lodged at 8.30 hours on 22.05.2002 by Bimal Kant Biswas, father of the deceased.
(3.) ACCORDING to the F.I.R. there was a case pending between the accused and the deceased in Court. The Appellant No. 2 came to the house of the informant in village Kalikandar at about 5 p.m. on 21.05.2002 and asked the deceased to accompany her to her village Khairbani for compromising the matter. The deceased did not return in the night. In the morning, the informant was informed by his younger brother Shyamal Kant Biswas that the two accused -Appellants had tied the deceased to a tree in front of of their house and had killed him by assaulting him with lathi, danda and tangi ( sharp edged weapon). Thereupon, the informant went to the village Khairbani where he found the dead -body of the deceased lying under the tree in front of the house of the Appellants. On inquiry, the informant came to know that the deceased had been murdered at about 10.30 p.m. on 21.05.2002 in the manner narrated above. According to the F.I.R. this offence was committed because of enmity.;