( 1 ) APPELLANT Swapan Patra and two others have been convicted under sections 302/34 IPC for having caused the murder of deceased Renuka Patra. Deceased Renuka Patra was the wife of the appellant Swapan Patra. According to the prosecution case, on the date of occurrence at midnight swapan Patra went to the village doctor PW 7 and intimated that his wife has taken poison and is lying on the verandah. The doctor PW 7 immediately rushed to the spot and found Renuka lying on the verandah. He could see one blood clot on her throat and, therefore, became suspicious and informed the village Pradhan about the incident. The further prosecution case is that an information was given to the police but no action was taken. The brother pw 1 lodged a camplaint before the Magistrate and pursuant to the direction of the Magistrate the investigation was taken and after completion of the investigation charge-sheet was filed and the accused persons were tried. The learned Sessions Judge as well as the High Court in appeal relying upon the evidence adduced by the prosecution came to hold that the prosecution has been able to establish the charge of murder beyond reasonable doubt and accordingly convic