The need for direct and admissible evidence to prove a case beyond reasonable doubt.

Joymalya Bagchi, J.

1. The appeal is directed against the judgment and order dated 12.07.2017 passed by the learned Additional Sessions Judge, Uluberia, Howrah in Sessions Trial No. 161 (U)/2016 convicting the appellant SK. Asgar @ Puja Hijra for commission of offence punishable under Sections 302/201/342/506/34 of the Indian Penal Code and appellant Sk. Sabir Ali for commission of offence under Section 201/34 of the Indian Penal Code and sentencing Sk. Asgar @ Puja Hizra to suffer life imprisonment and to pay a fine of Rs.3,000/-, in default, to suffer rigorous imprisonment for two months for the offence punishable under Section 302/34 of the Indian Penal Code and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- , in default, to suffer rigorous imprisonment for two months under Section 201/34 of the Indian Penal Code and to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for two months for the offence punishable under Section 506/34 and Sk. Sabir Ali to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for two months more for the offence punishable under Section 201/34 of the Indian Penal Code. All the sentences to run concurrently.

2. The prosecution case, as alleged, against the appellants is to the effect that on 11.09.2015 the de facto complainant Chandramukhi Hizra @ Sk. had come to attend the sradh ceremony of Batasi Hizra of Khajnabahala who was the 'Gurumata' of appellant no. 1 Sk. Asgar @ Puja Hizra. The victim Dipa Hizra and others had come from their residence at Bankra to Shyampur at the house of appelalnt no. 1 Puja Hizra for the occasion. One Subarna Hizra also attended the said function along with two boys of village Radhanagar, Jhargram. They had come in a red coloured four-wheeler. At about 7 p.m. the said Subarna Hizra and his associates called Dipa Hizra to the bed room of Puja on the excuse that they had some confidential matters to discuss with her. Thereafter Dipa Hizra did not come out of the room. Puja Hizra called Sumi Hizra and on being summoned Sumi Hizra went inside. At about 8.30 p.m. Sumi Hizra saw that Dipa Hizra was lying dead in the attached bath room adjacent to the bed room of Puja.

3. Over this incident Chandramukhi Hizra @ Sk. lodged written complaint with the police resulting in registration of Shyampur P.S. Case No. 373/15 dated 12.09.2015.In the first information report she suspected Subarna Hizra and others had murdered her 'Gurumata' Dipa as they had disputes over the management of the affairs of West Bengal Eunuch Development Society of which the victim was the President. Upon conclusion of investigation, charge-sheet was filed against the appellants and five others.

4. As Subarna Hizra and Abhimanyu Sui @ Ari were absconding, they were declared as proclaimed offenders and the case proceeded against the other accused persons including the appellants. In the course of trial, co-accuseds Kumkum Kamal and Tumpa Hizra also absconded. The appellants were put on trial along with Sumi Khan. Charges were framed under Sections 302/201/342/506/34 and under Sections 302/120B of the Indian Penal Code against them. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 18 witnesses. However, Chandramukhi Hizra, the de-facto complainant could not be examined as she was not traceable. The plea of the appellants was one of innocence and false implication. Upon assessment of the evidence on record, the trial Judge by judgment and order dated 12th December, 2017 convicted and sentenced the appellants, as aforesaid. However, by the selfsame judgment and order the trial court acquitted Sumi Khan of all the charges levelled against her.

5. As the appellants are in jail, informal Paper books were prepared and with the consent of the parties, the appeals have been taken up for hearin