JUDGMENT

Prafulla C. Pant, J.

These appeals are directed against judgment and order dated 16.02.2006, passed by the High Court at Calcutta in Death Reference No. 4 of 2005 and Criminal Appeal No. 599 of 2005 whereby the Death Reference was rejected, and the appeal of the convicts was allowed, their conviction and sentence recorded by the Additional Sessions Judge, Fast Track (1st Court), Contai, against accused respondents in Sessions Case No. LV/March/2004 in respect of offence punishable under Section 302 of Indian Penal Code (IPC) was set aside, and they were acquitted of the charge.

2. Before the incident in question, the hapless woman (deceased in the present case) had complained that she was raped by accused-respondent Purnendu Kumar Patra on 28.04.1997. She complained the matter to Panchayat, and when no action was taken, on 26.09.1997 she lodged a First Information Report against the aforesaid accused person, and a case in respect of offence punishable under Section 376 IPC was registered against him. The victim got her statement recorded under Section 164 of Code of