( 1 ) IN a case of rape with murder, Munsi Abdul Kasem @ Paltu, Jitu Sk. , Jhantu Sk. and Mansoor Barajee were convicted both under Section 376 (g) and Section 302/34 of the Indian Penal Code and all of them were sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- each both under Section 376 (g) and under Section 302/34 of the Indian Penal Code by the learned Additional Sessions Judge, 3rd Court, Murshidabad in connection, with Sessions Trial No. 1st May, ,2003 corresponding to Sessions Case No. 231 of 2002.

( 2 ) JITU Sk. , Jhantu Sk. , and Mansoor Barajee preferred Criminal Appeal No. 502 of 2003 from jail while Munsi Abdul Kasem @ Paltu preferred Criminal Appeal No. 5 of 2004 from jail and since both the appeals are directed against a common judgment, we have taken both the appeals together for hearing and disposal.

( 3 ) THE fact of the prosecution case in brief was that on 20th October, 2001 daughter of Khodeja Bibi of village Patikabari under P. S. Nawda in the district of Murshidabad had left her house at 3. 30 p. m. in the afternoon for the purpose of getting some old garments stitched by appellant Munsi Abdul Kasem who was a t