ORDER

A.K. Patnaik, J.:-

This is an appeal against the judgment dated 28.07.2006 of the Division Bench of the Calcutta High Court in Criminal Appeal No. 397 of 1988.

2. The facts verybriefly are that Madhabi Patra @ Khendi got married to Joydeb Patra, the Appellant No. 1 herein. Through the marriage she got a daughter. She again became pregnant and when she was carrying the pregnancy for nine months, a ceremonial function called 'Sadh' was arranged on 18th Baisak, 1393 B.S. After taking food, Madhabi fell ill and her condition deteriorated quickly and she died late in the night. According to the prosecution, Madhabi (the deceased) had died because poison was administered to her with the food by the appellants. Accordingly, after investigation, a charge- sheet was filed and the Appellant No. 1 and his father, brother (appellant No. 2), sister (appellant No. 3) and mother (appellant No. 4) were tried and convicted under Section 302/34, I.P.C. The accused persons filed Criminal Appeal No. 397 of 1988 before the High Court of Calcutta but by the impugned judgment, the High Court maintained the conviction of the appellants.

3. We are told that the father of the Appellant No. 1 died when