Shailendra Singh, J. – Heard Mr. Bhola Prasad, learned counsel appearing on behalf of the appellants and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.

2. The instant appeal has been directed against the judgment of Conviction dated 03.06.2017 and Order of Sentence dated 09.06.2017 passed by the learned Sessions Judge, Katihar in Sessions Trial No. 143/2015 arising out of Mansahi P.S. Case No. 05/2015 whereby and whereunder both the appellants have been held guilty for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and accordingly the appellants have been convicted and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/- and in failure to deposit the fine, they have been directed to further undergo additional simple imprisonment for a period of six months.

Prosecution Story:

3. On 10.01.2015 in the morning, the informant, who is stated to be brother of the deceased, got the information through a mobile communication that his sister named Noor Jahan Khatoon (hereinafter referred to as ‘victim’) had been killed, thereafter he went to the place of occurrence and found his sister lying in dead condition and then he inquired into the matter of death of his sister from the victim’s husband named, Alauddin who told him that his wife, the victim, had been firstly tied to a pole and thereafter, assaulted by his brother Rahman and his wife Nasima Khatoon which resulted in death of the victim.

4. The informant recorded his fardbeyan (Exhibit ‘1’) describing the above allegations, on that basis the formal FIR bearing Mansahi P.S. Case No. 05/2015 was registered for the offences under Sections 342, 343, 324, 302 and 34 of IPC which set the criminal law in motion.

5. After the completion of investigation, the appellants were chargesheeted by the police for the offence under Section 302 read with 34 of IPC and the learned Magistrate took cognizance of the said offence vide order dated 30.03.2015 and thereafter, finding the case to be triable by the Court of Sessions, committed it to the Court of Sessions for trial.

6. The appellants stood charged for the offence punishable under Section 302 read with 34 of IPC that was read over and explained to them in Hindi to which they denied and claimed to be tried.

7. During trial, before the trial Court the prosecution examined the following witnesses: –

PW-1:- Md. Jakir Hussain

PW-2:- Md. Mustafa

PW-3:- Md. Alauddin

PW-4:- Md. Altaf Hussain

PW-5:- Dr. Tanvir Haider (Observer of the postmortem examination)

PW-6:- Md. Sanaullah (Brother-in-law of the deceased)

PW-7:- Binod Kumar Singh (The Investigating Officer)

PW-8:- Dr. Sushil Kumar Gupta (The Doctor who conducted the postmortem examination on the body of the deceased)

8. In documentary evidence the prosecution proved the following documents and got them exhibited as under: –

Ext.-1:- Signature of a witness on Fardbeyan

Ext.-1/1:- Signature of one Md. Sanaullah on Fardbeyan

Ext.-2:- Postmortem Report of the deceased

Ext.-2/1:- Signature of a witness on the Postmortem Report.

Ext.-3:- Fardbeyan by S.I. B.K. Singh

Ext.-4:- Formal F.I.R.

Ext.-5:- An endorsement on Fardbeyan

Ext.-6:- Memo of Arrest of accused Rahman

Ext.-7:- Memo of Arrest of accused Nasima Khatoon

Ext.-8:- Inquest Report’s carbon copy

Ext.-9:- Forwarding letter for Viscera

Ext.-10:- Forwarding letter for Histopathological test

9. After the completion of prosecution’s evidence, the trial Court recorded the statements of the appellants in which the main incriminating circumstance appearing against them from the prosecution’s evidence was explained to them which was denied by the appellants and they claimed themselves to be innocent but did not make any specific plea of defence while recording their statements under Section 313 of Cr.P.C.

10. The appellants produced and examined one witness namely, Mazarul Haque in their defence.

11. While convicting the appellants the learned trial Court