Nishita Mhatre, J.

1. The appellants have preferred this appeal against the decision of the Additional Sessions Judge, Malda in Sessions case no.63 of 1997. They have been convicted under Section 302 read with 34 of the IPC. Appellant no. 1 is also convicted under Section 323 of the IPC. They have both been sentenced to suffer imprisonment for life and payment of fine of Rs.5000/- each. In default of payment of fine they have been directed to suffer rigorous imprisonment for a further period of six months. Appellant no. 1 has been sentenced to suffer rigorous imprisonment for three months for the offence punishable under Section 323 of the IPC. Both the sentences are to run concurrently in the case of appellant no. 1.

2. The scourge of witch-hunting which plagues certain sections of our society has been brought to the fore in this case. The mindless killing of a woman who is suspected to be a witch is reflected from facts which are on record.

3. The case of the prosecution is that Dhenu Hembram, the complainant, his wife, Rani Kisku and their two children were sleeping in the verandah of their house, adjacent to the room on the eastern side. His mother, Fulmoni was sleeping