(1.) THIS appeal is directed against a judgment and order dated 22nd May, 2003, and 23rd May, 2003, passed by Sri T. K. Gupta, Learned Additional Sessions Judge, 1st Court, howrah, in Sessions Trial Case No. 178 of 2002 convicting the appellants under sections 302 and 201 of the Indian Penal Code read with section 34 thereof. By the order dated 23rd May, 2003, both the convicts appellants were sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/-each in default to undergo further rigorous imprisonment for a period of two years for the offence punishable under sections 302 of the IPC read with section 34 of the IPC. No separate punishment for the offence punishable under section 201 of the IPC was, however, inflicted.

(2.) THE case of the prosecution briefly stated is that on 21st May, 2002 the accused Salil Das and the accused Mahela Bibi along with her husband the deceased Fakir came to the house of Sufal Sarkar. After taking dinner, these three persons went to sleep at the roof of the house of PW-1, Sufal Sarkar. PW-1 Sufal Sarkar is the husband of the sister of the accused Salil Das. In the dead of the night Sufal Sarkar allegedly was informed by his wife Bani, PW-2, that her brother Salil das and the accused Mahela Bibi had murdered Sk. Fakir and the body was thrown into the adjoining pond called "hatpukar". Sufal Sarkar, thereafter, informed the police. The police came and the body was recovered. Both the accused persons made extra-judicial confession that they had committed the crime. Both the accused were charged under section 302 read with section 34 of the Indian Penal Code and under section 201 of the Indian Penal Code read with section 34 of the Indian Penal Code. The learned Trial Judge convicted the accused persons under both the charges levelled against them.

(3.) MR. Kamal, the learned Advocate, appearing for the appellant, submitted that this is one of those rare cases where the police in collusion with the PW-1 who is an influential person inflicted greatest possible harm to the accused persons who, according to him, are wholly innocent. The police has been instrumental, according to him in fabrication of the record and securing a judgement on the basis of untrue and incorrect evidence. He submitted that not only the conviction should be set aside but adequate compensation should also be granted by this court for respectable rehabilitation of the accused in the society who are victims of false implication.

(4.) MR. Dutta Gupta, the learned Advocate, appearing for the State, however, disputed the submissions made by the learned Advocate, appearing for the Appellant.

(5.) WE shall consider the evidence in some detail. The learned Trail judge in convicting the accused persons has opined as follows :-"on careful scrutiny of the entire evidence on record, both oral and documentary I found that the prosecution was able to prove as well as establish the following facts and circumstances namely : i) In the night of 21. 5. 2002 accused Salil Das along with accused Mahela Bibi and her husband Sk. Fakir took shelter in the house of de facto complainant Sufal Sarkar, husband of Salils sister Bani Sarkar. ii) In that night accused Salil along with accused Mahela and her husband Sk. Fakir slept in the roof of said house and that salils sister Bani provided them beddings. iii) In the midnight Salil came down and informed her sister bani that he and Mahela committed murder of Mahelas husband Fakir in the roof and they drowned the dead body in the water of nearby tank named Hatpukur. iv) Accused Salil prayed for mercy to her sister Bani as well as to Banis husband Sufal but police was called by Sufal. v) Police came and dead body of Sk. Fakir was recovered from the v/ater of Hatpukur as shown by accused Salil in presence of police and others. vi) The blood stained beedings, wearing apparels and weapon of assaults namely katari and razor all blood stained were recovered from the roof of the h