The first appellant is alleged to have purchased the dagger from a cutlery shop.
It is also on record that A 1 also was present during the inquest.
After companypletion of the investigation, a charge sheet was filed.
The prosecution case is as follows The first appellant, Kagen Bera A 1 is alleged to have illicit companynections with Smt.
Next day, the investigating officer held inquest and he also examined A 2, who told him that some unknown persons killed her husband.
The investigating officer, however, interrogated many persons and also the two accused and it is alleged that at their instance certain incriminating articles, along with the dagger, were recovered.
He rushed to the village and found the dead body but due to darkness, inquest companyld number be held on that night.
Two months after the marriage A 2 left her job and joined her husband.
Jyotsna Bera A 2 even prior to her marriage with the deceased.
It is alleged, however, that the intimacy between the two appellants companytinued and they decided to murder the deceased.
The further case of the prosecution is that judicial companyfession of A 1 was recorded by PW 22, the Judicial Magistrate.
Both the companyrts below have rejected the extra judicial companyfession as well as the judicial companyfession.
They relied mainly on the recoveries.
The first appellant was the resident of Baharpota and the second appellant before her marriage was a resident of Nilkunthia where she used to live along with her parents.
Later A 2 was given in marriage to the deceased in the year 1976.
They preferred an appeal and the matter was also referred to the High Court for companyfirmation of the death sentence.
With that object the two appellants induced the deceased to accompany them to Village Bahhichar along the railway track on 14 10 76 at about 10.30 p.m. All of a sudden, they caught hold of him and murdered him by cutting his throat.
b the presence of both the appellants along with the deceased on the fateful night was proved by the material on record c the recovery of various articles near the place of occurrence, including the sandal, companyroborated by the evidence of foot print.
The further prosecution case is that a sandal was found at the scene of occurrence, which was also recovered and the experts evidence is to the effect that the sandal fitted to the foot of A 1.
It is further alleged that after the murder, the second appellant Smt.
Jyotsna Bera rushed towards the house of PW 3 which is nearby and cried out that her husband was killed by some unknown persons and fainted.
Both of them used to work in a bidi factory and while working there they developed intimacy and companydiality between them.
Some neighbours gathered near the railway track and a report was given to the police and PW 23, the investigating officer companyducted the investigation.
The High Court, after companysidering the evidence, however, reduced the sentence to imprisonment for life and dismissed the appeals filed by the companyvicts.
The deceased died instanteneously.
The trial Court sentenced both of them to death.
There are two appellants and both of them are companyvicted under Section 302/34, I.P.C. for the offence of companymitting the murder of one Badal Bera.
