A confessional statement recorded after administering an oath is inadmissible in evidence.

( 1 ) APPELLANT Bhabani Prasad Bhattacharya in connection with Sessions Trial No. 20 of 2000 faced charges under Sections 120-B/302, 302/34 and under Section 201 of the IPC along with smt. Jayanti Bhattacharya and Shila bhattacharya for the murder of Rita bhattacharya who was wife of appellant bhabani Bhattacharya. Appellant Jayanti bhattachaiya in the same trial along with shila Bhattacharya faced the charge under section 302/34 of the IPC for the murder of smt. Kamala Bhattacharya who was the mother of appellant Bhabani Bhattacharya.

( 2 ) THE learned Additional Sessions judge, Arambag in the district of Hooghly while disposing of the said Sessions Trial found appellant Bhataani guilty for commission of the offence under S. 302/ 120-B and also under Section 302/34 of the IPC for the murder of his wife Rita Bhattacharya and bhabani was also found guilty under Section 201 of the IPC.

( 3 ) THE learned Additional Sessions Judge found appellant Jayanti Bhattacharya guilty of the offence under Section 302/34 of the ipc for the murder of Rita Bhattacharya and she was also found guilty under Section 302 of the IPC for the murder of Kamala bhattacharya. The learned Judge recorded an order of acquittal as regards Shila bhattacharya finding her not guilty under section 302 of the IPC.

( 4 ) BHABANI Bhattacharya was sentenced to suffer life imprisonment both under section 302/120-B and under Section 302/34 of the IPC separately and, that apart, he was also sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one month for the offence under section 201 of the IPC.

( 5 ) JAYANTI Bhattacharya was also sentenced to suffer life imprisonment separately both for the offence under Sec. 302/34 of the IPC for the murder of Rita Bhattacharya as well as under Section 302 of the IPC for the murder of Kamala Bhattacharya.

( 6 ) JAYANTI Bhattacharya preferred criminal Appeal 67 of 2001 and Bhabani bhattacharya preferred Criminal Appeal 128 of 2001 and since both the appeals arose out of a common judgment and order, both the appeals were taken up together for disposal.

( 7 ) THE prosecution case, behind the commencement of the Session's trial, as revealed from the complaint of one Tustu Pada bhattacharya of village Kachhra under P. S. Khanakul in the district of Hooghly disclosed a dastardly act of murder of two innocent female, Rita Bhattacharya wife of appellant bhabani and Karnala Bhattacharya mother of appellant Bhabani.

( 8 ) TUSTU Pada Bhattacharya in his complaint dated 10th April, 1993 stated that in the morning of 10th April, 1993 getting information from his neighbours regarding no response from the house of Bhabani bhattacharya at the late hour of morning, he along with his daughter Shila came to the house of Bhabani which was very close to their house and finding the entrance door closed and with the help of a ladder which was noticed behind the back side of the house of Bhabani, they came inside the house of Bhabani and to their utter surprise and dismay found both Rita and Kamala lying dead with several bleeding injuries on their persons. Tustu Pada also noticed ransacking of the household articles.

( 9 ) AT the instance of Tustu Pada bhattacharya. one neighbour was sent to khanakul P. S. to give information and soon thereafter P. W. 27 S. I. Sukumar Nandy arrived at the place of occurrence and made a first hand survey of the P. O. and received complaint from Tustu Pada Bhattacharya wherein Tustu Pada alleged dacoity and murder by some unknown miscreants and also disclosed that appellant Bhabani was absent in the house and after sometime he was found corning from the local bus stand. Tustu Pada Bhattacharya also disclosed that getting information about the murder of his wife and mother Bhabani became unconscious and he was taken to the house of tustu Pada Bhattacharya who was father-in-law of Bhabani.

( 10 ) S. I. Sukumar Nandy a