JUDGMENT :

A.K. Sikri, J.

1. We have heard learned Counsel for the parties at length.

2. For the purpose of this appeal, it is not necessary to state the facts of the matter in detail. Suffice it to state that the Appellant was charged Under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "Indian Penal Code") for committing the murder of Anusha Sarkar and her mother Maya Sarkar.

3. As per the prosecution, there was love affair between Subhankar Sarkar (hereinafter referred to as A1) and Anusha Sarkar. However, this relationship was not acceptable to the mother of Anusha Sarkar who advised Anusha to sever her relation from A1. A1 did not like this move on the part of Anusha Sarkar and this became the motive for A1 to finish Anusha Sarkar as well as her mother. Insofar as the incident of murder is concerned, it came to light in the following manner:

As Anusha Sarkar did not respond to A1, A1 along with his friend Debapriya Pal (Appellant herein) on the fateful day when Anusha's mother, i.e. Maya Sarkar, was alone in the house-Kalamban in Air View Complex, P.S. English Bazar, Malda, committed her murder and then waited for Anusha Sarkar to come a