JUDGMENT

There are two appellants and both of them are convicted under Section 302/ 34, I. P.C. for the offence of committing the murder of one Badal Bera. The trial Court sentenced both of them to death. They preferred an appeal and the matter was also referred to the High Court for confirmation of the death sentence. The High Court, after considering the evidence, however, reduced the sentence to imprisonment for life and dismissed the appeals filed by the convicts.

2. In this appeal, the learned Counsel submitted that the case entirely rests on the circumstantial evidence and both the courts below have convicted the appellants on the mere suspicion and that suspicion, however, strong cannot take place of proof.

3. The prosecution case is as follows:-

The first appellant, Kagen Bera (A-1) is alleged to have illicit connections with Smt. Jyotsna Bera (A-2) even prior to her marriage with the deceased. The first appellant was the resident of Baharpota and the second appellant before her marriage was a resident of Nilkunthia where she used to live along with her parents. Both of them used to work in a bidi factory and while working there they developed intimacy and cordiality between th