S.J. Mukhopadhaya, J.

1. In Sessions Trial No. 66 of 2000, learned 1st Additional Sessions Judge, Jamshedpur, vide judgment and order of conviction and sentence dated 8th March, 2001 and 13th March, 2001 respectively, convicted accused Saiyad Rizwan alias Soni and Chaitali Bhowmick alias Shehnaz alias Sontu R.I. for five years under Section 201, IPC, R.I. for five years under Section 468, IPC, R.I. for five years under Section 420, IPC, R.I. for three years under Section 380, IPC and R.I. for two years under Section 411 read with Section 34, IPC, all of which are to run concurrently.

In respect of the offence punishable under Section 302 read with 34, IPC, both the accused have been awarded capital sentence. The Death Reference No. 1 of 2001 was listed for determination as to whether it is to be confirmed or not. A separate Criminal Appeal No. 127 of 2001 has been preferred by accused Saiyad Rizwan alias Soni and Chaitali Bhowmick alias Shehnaz alias Sontu, which was also heard along with the above Death Reference.

2. The case of the prosecution is that the informant. Dr. Anupam Roy is maternal uncle of accused Chaitali Bhowmick alias Shehnaz alias Sontu, a Medical Practitioner at Ghatshila, Sub-division of District-East Singhbhum. The informants mother Anita Roy, aged about 68 years, brother-in-law Subhendu Bhowmick, aged about 57 years, sister Lucky Bhowmick, aged about 57 years, sisters son Kalyan Bhowmick and sisters daughter Chaitali Bhowmick alias Sontu, aged about 25 years, were residing in a house, located at Ghorabandha, P.S.-TELCO (Govindpur). Subhendu Bhowmick, brother-in-law of the informant, was an employee of TELCO in its Forge Department. The informant was reluctant to visit the house at Ghorabandha for one of the reasons being bad character of Chaitali Bhowmick. The informant runs a Clinic at Ghatshila, known as Roy Clinic and his wife Anuradha Roy used to reside at Lucknow along with the children, she being a teacher at Lucknow. The informant used to send money to his mother Anita Roy off and on and in the middle of April, 1999, he sent Rs. 500/- to his mother Anita Roy through a person, who returned from Jamshedpur and informed him (informant) that his Ghorabandha house was locked. As the brother- in-law, sister and family members of the informant used to go on tour, the informant did not try to know about his mother. On 20th May, 1999 a friend of Kalyan Bhowmick (Bhagina of the informant) reached the Clinic of the informant at Ghatshila and informed that the Ghorabandha house was locked and Kalyan, his parents and Nani (mother of the informant) were not there. The informant took telephone number of Sona Bhowmick (another Bhagini of the informant), the eldest daughter of his sister, from the friend of Kalyan. Sona Bhowmick had got married with a Muslim Umar Khan and was residing at Ranikudar with her husband. For the said reason, there was like warn relationship between the informant and Sona Bhowmick.

The informant talked to Sona Bhowmick on telephone and informed to her about the absence of his mother, sister, brother-in-law and Bhagina. Sona, thereafter, reached Ghatshila on 21st May, 1999 along with her husband and informed the informant that her brother Kalyan Bhowmick had attended a party in her house along with one of his friends and had returned after having meal in the end of January, 1999. She also informed the informant that she visited the Ghorabandha house in the first week of February, 1999 to meet her parents but she had only seen her sister Chaitali Bhowmick and sisters lover Rizwan, present in the house. When she enquired about her parents and brother from Chaitali, Chaitali (accused) informed her that the parents with Kalyan had gone to village-Ranaghat in West Bengal, in order to see the grand-mother (Dadi), who was stated to be ill. Sona further informed the informant that the room of her parents were locked and therefore, she enquired from Chaitali about locking of the rooms to which