JUDGMENT :

CHITTA RANJAN DASH, J.

1. Both these appeals arise out of the judgment dated 31.07.2009 and order of sentence dated 01.08.2009 passed by Additional Sessions Judge, Fast Track, First Court, Siliguri in Sessions Trial No. 13/07 arising out of Sessions Case No. 23(5)07 convicting both the appellants under Section 302, 201 and 34 IPC and sentencing them thereunder.

2. The spot village is Gyan Jote under Kharibari P.S. in the district of Siliguri. Ranjana Tamang appellant in CRA 653 of 2009 is the widow of deceased Uddiman Tamang. Madan Thakur appellant in CRA 672 of 2009 who is a resident of Arjun Mahal, hamlet of Gyan Jote under Kharibari P.S. is alleged to have extramarital relationship with Ranjana Tamang and both of them are alleged to have committed murder of Uddiman Tamang and buried the dead body in the house of Uddiman Tamang two and half feet below the surface of the room.

2.1. PW-15, the Inspector of Police attached to Kharibari P.S. is the informant. On 05.03.2004 he had come to Arjun Mahal in connection with enquiry into Kharibari P.S. G.D.E. No. 157 dated 04.03.2004 (Exhibit 15) lodged by Madan Thakur. In course of such enquiry, Chandrika Shah (PW-10) informed him (