Aftab Alam, J.

1. The two appellants stand convicted under Sections 302/34, 326/34, 452 and 324 of the Penal Code and are sentenced to undergo rigorous imprisonment for life, seven years, three years and three years respectively under those sections. The trial Court directed the sentence to run concurrently.

2. The prosecution case was instituted on the basis of the statement made by one Shrikant Mahto (PW 7) on 14.7.1996 at 6 in the morning at Pothia hospital before the Assistant Sub-Inspector from Pothia Out- Posts of Falka P.S.The statement was recorded as fardbeyan and on its basis a formal FIR was drawn up on the same day at 1 p.m., giving rise to Falka (Pothia) P.S. Case No. 114 of 1996 under Sections 307/ 326/448/323/34 of the Penal Code.

3. In the fardbeyan Shrikant Mahto stated that, after having his meal in the night of 13.7.1996 he had gone to sleep at his darwaza (open space in front of house) and his bhabhi (sister-in-law) Parmila Devi was sleeping inside the house with her son Sonu Mahto. At about 2.30 in the night he woke up on the cries of his bhabhi and rushed inside. By the time he went inside the house she too had come out in the aangan. She had fallen do