JUDGMENT :

Per Rongon Mukhopadhyay, J.

Heard Mr. Vishnupad Singh, learned Amicus Curiae for the appellants and Mrs. Nehala Sharmin, learned Spl. P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 09.05.1997 (sentence passed on 12.05.1997) passed by Shri Swaroop Lal, learned 1^st Additional Sessions Judge, Godda in Sessions Trial No. 39 of 1995/07 of 1996, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/120B of the IPC and have been sentenced to undergo imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Pawani Devi recorded on 30.091995, in which, it has been stated that on 29.09.1995, the informant along with her husband Lalit Mahto had gone to the market in Gandhigram to purchase some essential articles. They were met by Budhu Mahto and Sristidhar Mahto in the market and at their insistence the informant was sent home by her husband with the purchased articles with an assurance by her husband that he would have his meals once he returns. The informant went home and when her husband did not return even in the next morning, she asked Budhu Mahto about the w