Arindam Lodh, J.

These two criminals appeals, one being Crl. A. (J) 06/2015 filed by Sri Biswajit Bhowmik and another being Crl. A. (J) 02/2015 filed by Sri Sankar Mandal are taken up together for disposal. Both the two appeals arose against a common judgment and order of conviction and sentence dated 22.01.2015 passed by the Sessions Judge, Gomati District, Udaipur in the same Sessions Trial No. 32(ST/U)/2014.

2. Sri Biswajit Bhowmik, appellant in Crl. A. (J) 06/2015 was convicted for the offence punishable under Section 307/364/376 of IPC and sentenced him to suffer RI for 12 years and to pay a fine of Rs.10,000/-, i.d. to suffer SI for six months for commission of offence punishable under Section 376 IPC; to suffer RI for 10 years and to pay a fine of Rs.10,000/-, i.d. to suffer SI for six months for commission of offence punishable under Section 364 IPC and to suffer RI for 5 years and to pay a fine of Rs.5,000/-, i.d. to suffer SI for further six months for commission of offence punishable under Section 307 IPC with a direction that the sentences would run concurrently.

3. Sri Sankar Mandal, appellant in Crl. A.(J) 02/2015 was convicted for commission of offence punishable under Section 120B and has been sentenced to suffer RI for five years and to pay a fine of Rs.5,000/-, i.d. to suffer SI for six months.

4. Though, separate criminal appeals have been preferred before this Court but both the appellants had faced trial in the same Sessions case being Sessions Trial No. 32(ST/U)/2014 and by the common judgment both the appellants were convicted and sentenced, as afore-stated. For convenience, both the appeals were taken up together and heard analogously and are being disposed of by a common judgment.

5. For purpose of considering the rival submissions put up in these appeals and with a view to find out whether this Court is required to interfere with the impugned judgment dated 21.01.2015 passed by the learned Sessions Judge, the necessary facts are briefly stated hereunder.

6. On 02.02.2014, at night, at about 9.30 O’clock one Smt. Shila Saha (32 years) lodged an FIR that while she was cooking, at that time having heard the sound of pushing the door she rushed to her Verandah from the kitchen hut and found that one lady was standing over there wearing only a petticoat having profuse bleeding and injury on her entire body as well as on the hands and face. She could not recognize the lady even in spite of availability of electric light on the verandah.

7. Being scared of this, she had gone to the house of one neighbour, Sri Ajit Shil and narrated the incident. At that time, many people were present at the house of Shri Shil on the occasion of a wedding ceremony. Thereafter, everyone rushed to the house of Smt. Shila Saha. On being asked by the members arrived there, the lady had stated that her name was Suparna Das (Mandal), the daughter-in-law (i.e. the wife of son) of Shri Ganesh Mandal. Then, on further being asked she had stated that her cousin brother-in-law Biswajit Bhowmik S/O Kanu Bhowmik (the son of her maternal uncle in law) came to her house and informed her that some people were beating her husband Sankar Mandal in the market and told her to rush to market with him. But on the way Biswajit Bhowmik had taken her inside a jungle (forest) forcefully by way of pressing her mouth and he had raped her forcefully and left the place leaving the prosecutrix inside the jungle by way of causing her fatal injuries with a view to kill her over there.

8. Subsequently, information was given to the house of that lady and thereafter, her parents-in-law as well as husband Shri Sankar Mandal came to the house of Shila Saha, the complainant herein, and had taken the victim therefrom. Shila Saha had given one old saree (cloth-apparel) to the victim for covering her body. The FIR was lodged with the Officer-in-Charge of Kakraban Police Station, Udaipur, Gomati District, Tripura. The case was committed to the learned Sessio