Soumen Sen, J.

Both the appeals are directed against the order of conviction of the appellants with the offence committed under Sections 302/201/120 B of the Indian Penal Code.

2. Initially the trial commenced with three accused persons, namely Sajida Khan, Silash Singh and C. Abdul Majeed. However, Abdul Majeed was acquitted of the charge framed in terms of the section 235 (1) of Cr. P.C.

3. Sajida Khan is the wife of the victim Feroz Khan. Silash Singh is claimed to be the paramour of Sajida Khan. Abdul Majeed is claimed to be Nana of Ferdeen Khan who is the son of Sajida and the victim Feroz. Sajida in her extra judicial confession appears to have referred to this person as papa.

4. The discovery of the decomposed body of Feroz Khan in a gunny bag by Satya Pal of Mithakhari on 16th February, 2011 led to the filling of FIR at PS Ograbraj initially against unknown persons for the offence under section 302 of the Indian Penal Code. Subsequently during investigation it was alleged that the accused persons caused the murder of Feroz Khan and dumped the body in the sea. During investigation the Investigation Officer recorded the statements of the witnesses and arrested the accused persons and also examined the accused persons and recorded their statements, performed inquest examination in the presence of the witnesses and took steps for post-mortem examination of the dead body and collected post-mortem examination report. After completion of all formalities charge sheet was filed. The Court framed charges against the accused persons under sections 302/201/120B of the IPC on the ground that on 5/6 February, 2011 at 12.30 hours the accused persons did commit murder by intentionally and knowingly causing the death of Feroz Khan of Namunaghar who happened to be the husband of co-accused Smti. Sajida Khan. Sajida Khan was having extra-marital relationships with others including the accused Silash Singh and Feroz Khan having come to know of such illicit relationship raised objections for which Sajida Khan and all other accused persons committed murder of Feroz Khan and placed his dead body in a gunny bag along with a heavy stone and then threw it in the sea water with a view to cause disappearance of the dead body. The said accused persons gave false information about the disappearance of Feroz Khan with an intention of screening themselves, namely Sajida Khan, Silash Singh and C Abdul Majeed.

The prosecution produced 23 witnesses.

5. The defence side however did not produce either oral or documentary evidence nor examined any witness to disprove the case of the prosecution.

6. After completion of recording evidence of the witnesses of prosecution side the accused persons were examined under section 313 Cr. P.C in which they adopted the plea of innocence and stated that they would not examine any defence witnesses.

7. The Sessions Court considering the materials on record framed the following issues for consideration:

"1. Whether the accused persons did commit murder by intentionally and knowingly causing the death of Mr. Feroz Khan of Namunaghar happens to be the husband of co-accused Smti Sajida Khan or not?

2. Whether the accused person Smt Sajida Khan had been maintain extra marital relationship with others including accused person Silash Singh and seeing all these victim Feroz Khan raised objection against such activities of his wife i.e. accused Sajida Khan and she committed murder of victim Feroz Khan and placed the dead body of victim in a gunny bag along with a heavy stone and then threw it in the sea water to disappear in the way that she wanted to vanish the dead body by throwing it away in the sea water tiding stone with the dead body and accordingly give false information in the way the victim Feroz Khan had been missing for no reason with the intention of screening them or not?

3. Whether the accused persons namely Smti. Sajida Khan, Silash Singh and C. Abdul Majeed on 16.02.2011 committed the offence of murder of Feroz Kh