D.N.PATEL,J - (1.) BOTH these appeals have been admitted by this Court by order dated 8th August, 2012.
(2.) THE record and proceedings of Sessions Trial No. 26 of 2010 was called for from the Trial Court so as to appreciate the arguments of the learned counsel for the appellants for suspension of sentence awarded to the appellants by the District and Additional Sessions Judge-I, Dumka. These appellants have been punished for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code for life imprisonment and to pay a fine of Rs. 15,000.00 each and in case of default of payment of fine amount simple imprisonment for six months.
(3.) RECORDS and proceedings of Sessions Trial No. 26 of 2010 has been received by this Court and we have perused the same. 4. Having heard counsel for both the sides and looking to the evidence on record, it appears that there is a prima facie case as against these appellants. As these criminal appeals are pending, we are not much analyzing the evidence on record, but, suffice it to say that looking to the deposition of P.W. 1, P.W. 2, P.W. 3, P.W. 4, P.W. 5 and P.W. 6, it appears that there is a prima facie case against these appellants, P.W. 6 is the informant and their deposition is getting further corroboration of evidence given by P.W. 7, Dr. Dilip Kumar Bhagat. The murder had taken place within the four walls of the house of these appellants. The motive has also been established by the prosecution witnesses against these appellants. Previously, there was a "Panchayati" because of demand of sizable amount. Marriage of the deceased and the appellant of Criminal Appeal (DB) No. 805 of 2012 (Original accused No. 5, Sandeep Kumar Bhagat in Sessions Trial No. 26 of 2010) was solemnized on 25.02.2008 and the incident has taken place on 11th August, 2009. Looking to the medical evidence the death of the deceased had taken place due to throttling. Thereafter there was also 90% burn injuries on the dead body of the deceased.;