The main legal point established in the judgment is the reliance on circumstantial evidence and false explanations to establish guilt beyond reasonable doubt.

JUDGMENT

Dua, J. :- Golam Majibuddin alias Majnu Mia and Mohd Siddique have appealed to this Court with special leave against their conviction under Section 302/34, Indian penal Code and sentence of imprisonment for life for the murder of Majidunisa mother of SK. Fazley Rahaman alias Batu of Narendrapur on November 28, 1962. The trial Court had convicted the present appellants along with one Maddassar under Section 302 and also under Sec. 120-B, Indian Penal Code for the aforesaid murder but the High Court convicted them all under Section 302/34, Indian Penal Code instead of Section 302, Indian Penal Code simpliciter and acquitted them of the charge under Section 120-B, Indian Penal Code. Maddassar has not appealed to this Court with the result that we are not concerned with his case. It may, however, be mentioned that he was also convicted under Section 411, Indian Penal Code for being in possession of a stolen cycle. This appeal was heard ex parate because the State of Bengal did not choose to be represented by a counsel in this Court. As the parties are closely related and the motive for the crime is stated to be some dispute relating to property, it is desirable to state their intersect relationship.

2. Fazley Rahman alias Batu whose real mother was the victim of the offence appeared in this case as P.W. 1. His father Sk. Saidur Rahaman who died in 1948 had two wives, the second one, by name Majudinnisa Bibi (deceased) was Batu's real mother. Majudinnisa had also a daughter Sugura Bibi. From his first wife Sk. Saidur Rahaman had two daughters by name Kulsum Bibi and Fatima Bibi. His first wife had predeceased her husband. Saidur Rahaman had also two brothers. Sk. Abdur Rahaman and Sk. Musaddir Rahaman both of whom were issueless. Of the three brothers Sk. Abdur Rahaman was the eldest and Musaddir Rahaman, the youngest. Mussaddir Rahaman died long ago. Sk. Saidur Rahaman and his brother used to live in the same compound, their respective houses being only separated by a space of about a few feet. There was a door in the partition wall which separated the houses. There was also a pucca compound wall around the houses. Saidur Rahaman's house is one storeyed whereas that of his brother is two-storeved. Kulsum Bibi was married to Alo Miya, the marriage having been performed during her father's lifetime. Fatima Bibi was married to Manju Mia after her father's death. Alo Mia and Majnu Mia are real brothers and both lived in the house of Sk. Abdul Rahaman as domesticated sons-in-law. Batu's real sister Sukura Bibi was married to one Abdul Basir of Middhapara. Batu's real mother's sister (Totarunnisa Bibi, also known as Tota Bibi) lives in Hafizpur and Maddasser lived with her in the same hut being her adopted son. Mohd. Siddique is the son-in-law of Alo Mia and according to Batu he used to live with his father-in-law as domesticated son-in-law. On Abdur Rahaman's death in 1956 Alo Mia and Majnu Mia relied on an unregistered will for laying claim to the property of the deceased, whereas Batu claimed 12 annas share in that property. According to Batu who appeared as P.W. 1 soon after his father's death in 1948. Alo Mia had started giving trouble to him and his mother. As a result there were also some court proceedings between the parties, to which no detailed reference is necessary.

It is in this background that the events immediately preceding and leading to the occurrence have to be examined. Batu and his sister's husband Basir used to work in a tea shop in Chandani Chowk Street in Calcutta. Batu used generally to reside in Calcutta leaving his mother all alone in her house in village Narendrapur. It appears that on October 30, 1962. Batu came home from Calcutta and on the following morning at about 7 or 7.30 a.m. after consulting his mother he got plucked about 50 or 60 coconuts (some of which were green) from the house belonging jointly to the parties and called Alo Mia and Majnu Mia to take their share. They declined to do so a