Ananda Sen, J. - (1.) Both These Appeals, Arise Out Of The Same Impugned Judgment, were heard together and are being disposed of by this common judgment.
(2.) These Appeals Are Directed Against The Judgment Of Conviction And and order of sentence dated 28.04.2005 and 30.04.2005 respectively, passed in Sessions Trial No. 80 of 2003, whereby both the appellants, having been found guilty for committing murder of a minor girl aged about seven years, namely Payal Kumari Pal, were convicted for the offences under Sections 302/34 of the Indian Penal Code, and thereby, they were sentenced to undergo imprisonment for life. 2. The case of the prosecution, as per the informant Sharad Chandra Pal, is that on 18.12.2002 at about 03.00 P.M. his seven year old minor daughter Payal Kumari Pal (deceased) after returning from her school, went out to play with her friends. When she did not return home even by 06.00 P.M, the informant and other family members went in search of her at all possible places but they could not find any trace of the girl. On the next day, i.e. 19.12.2002, when the girl was not found, a missing report was lodged at the police station in the afternoon and a photograph of the girl was also given to the police. Thereafter, the informant again started searching his daughter alongwith the villagers. It is stated, that in course of search, when some young boys of the village reached near the Orchard of Kishore Kerketta, he did not allow them to go towards the Orchard, as a result of which they became suspecious. On this information, the informant alongwith several persons of the village went to the Orchard of Kishore Kerketta. It is alleged that on seeing the villagers, Kishore Kerketta, his mother Bedonika Kerketta (appellant in Cr. Appeal No.605/2005) and another person began to flee. They were chased by the villagers but the third person managed to escape. Kishore Kerketta and his mother were caught by the villagers. On inquiry, both of them confessed that in order to propitiate the Gods for good harvest, they had to sacrifice an unmarried boy or girl and, accordingly, they had performed Puja at 10 'O' Clock in the morning and had sacrificed the girl Payal Pal and concealed her dead body by the side of the Orchard behind the Tamarind tree near the river and they had intended to bury the dead body in the night. On the pointing out by the accused persons, when the informant and other villagers went to the place shown by the accused, they saw the dead body of the deceased Payal Pal lying on the ground with a heavy stone placed on her head. On seeing the dead body, the villagers became outraged and assaulted Kishore Kerketta and, thereafter, they were taken by the villagers to the police station where the fardbeyan of the informant was recorded. Kishore Kerketta, who sustained grievous injuries because of the assault by the villagers, succumbed to his injuries. On 20.12.2002 the accused Prem Surin was apprehended by the villagers near the Orchard of Kishore Kerketta and on inquiry he confessed his guilt and stated that when the girl was being killed by Kishore Kerketta and Bedonika Kerketta, he had caught the feet of the girl and later, the victim's blood was collected in a leaf vessel and buried under the ground below the Water Pump of the Orchard.
(3.) On The Basis Of The Said Written Report, Manoharpur P.S. Case No. 54 of 2002 was registered, against Kishore Kerketta, his mother Bedonika Karketta and one unknown, for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.;