JUDGMENT

Dr. ANAND, J.:—The appellant along with four absconding accused Man Singh, Babu Lal, Arjan and a son-in-law of Ganesh was charges sheeted for committing the murder of Dullen Maddi, wife of PW2, Murka Maddi on 31-8-1982 at about 8.00 p.m. It is alleged by the prosecution that after causing injuries to the deceased, the assailants buried her dead body with the intention of screening the offenders from legal consequences. The learned Additional Sessions Judge, Burdwan convicted the appellant for offences u/S. 302/341. P.C. and Section 201, I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- for the offence under Section 302/34, I.P.C. and R1 for a period of 5 years and a fine of Rs.2,000/- for the offence under Section 201, I.P.C. The substantive sentences were however, directed to run concurrently. His appeal before the High Court of Calcutta against conviction and sentence failed on 31-7-1990. Hence this appeal by special leave.

2. The prosecution case against the appellant is that the villagers of Dhupchinadanga in Burdwan District were under an impression that the deceased was a witch and was responsible for the death of the infant da