NEMAI MUDI & ANR. Vs. STATE

JUDGEMENT

(1.) The appellants have been convicted by the learned Sessions Judge, Burdwan under section 302/34, I.P.C. and section 201 of the same Code. Both of them have been sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000.00 each in default to suffer imprisonment for another two years for the offence under section 302/34 of the I.P.C. Then for the offence under section 201 of the I.P.C. the accused persons have been sentenced to suffer R.I. for three years and to pay a fine of Rs. 1000.00each, in default to suffer R.I. for one year more. The appellants have preferred this appeal from jail.

(2.) The incident centres round the murder of one Godo Mudi. It is alleged on behalf of the prosecution that the said Godo had an illicit affair with the wife of the accused, Nemai. Godo's dead body was recovered from one tank on 12.8.80. The prosecution case is that Godo was last seen in the company of the two accused persons in the evening of 10.8.80. On that occasion, it is said, while Godo was listening to a radio in his house, the two accused persons were passing by and then Nemai called the said Godo to accompany them to escort the other accused, Madan. After that, Godo did not come back home. Some searchings were made, but the whereabouts of Godo could not be found out. Some of the persons, including P.W.I., went to Nemai and asked him as to the whereabouts of Godo. It is said that then Nemai gave some vague replies, namely, that Godo had gone to Bahadurpur etc. Be that as it may, ultimately the dead body of Godo was found floating in the tank called Rakhatgore. On getting the information, P.W.I., Godo's wife, went there. The other villagers also went there. It is made out by the prosecution that on that occasion Nemai and Madan made some extra-judicial confessions about their guilt. Later on, according to prosecution version, the radio which Godo was listening to was discovered from a doba on the showing of the accused Madan. Also it is made out by the prosecution that on the showing of the accused, the wearing apparels of the deceased Godo, were recovered from the tank where his dead body was floating. On the basis of these pieces of evidence the prosecution made out the case against the accused persons and they were charged under section 302/34 of the I.P.C. and section 201 of the same Code.

(3.) As mentioned before the learned Sessions Judge has convicted both the accused persons under the said charges.