J. S. VERMA, J. ( 1 ) THE following judgment of the Court was delivered by Malik, J. Amal Kumar Sengupta and Sitaram Tripathi have been convicted under section 302/34 of the Indian Penal Code for the murder of Smt. Amita Rai and under section 307/34, Indian Penal Code for having attempted to commit murder of Miss Manju Rai. They have been sentenced to suffer imprisonment for life for the first offence and also to pay a fine of Rs. 3000/-each and to suffer rigorous imprisonment for 3 years for the second offence and to pay a fine of Rs. 1000/- each. They have preferred separate appeals Nos. 660 and 661 of 1980, against their convictions and sentences, which appeals are being disposed of by this common judgment. ( 2 ) DECEASED Amita Rai was a widow. Her husband Mohan Rai died some eight or nine years ago. Manju Rai (P. W. 2) is her daughter. Arun Kumar (P. W. 1) is her son. Mohan Rai had a house in Banaras. The ground floor was occupied by the widow and children. The first floor was occupied by Ashok Kumar, the son from Mohan Rais first wife. After the death of Mohan Rai, appellant Amal Kumar developed illicit relations with Amita Rai. He used to come to her very often and sometimes stayed with her. The children began treating him almost as a member of the family. He was Supervisor in the Woolen Mills: Sitarani Tripathi was his friend working in the same mills. He also visited Amita Rai. ( 3 ) IN June, 1969, Amita Rai sold the house of her late husband for Rs. 25,000/ -. She expressed a desire to Amal Kumar that they should all go on a pilgrimage. So they started, Amita Rai with her two children, Amal Kumar and his friend Sitaram. They went to Haridwar, Rishikesh and came to Calcutta. They stayed in Calcutta for 3 days. The journey was performed in 2nd Class Sleeper. ( 4 ) ON 30. 7. 1979, they boarded Howra Bombay Mail 2 Up train; a four berth compartment was got reserved. It was Nagpur Coach in Bogie No. 525-A. Five first class tickets were purchased upto Nagpur though the proposal was, they would go to Bombay. The two children Manju Rai and Arun Kumar occupied upper berths. ( 4 ) ON 30. 7. 1979, they boarded Howra Bombay Mail 2 Up train; a four berth compartment was got reserved. It was Nagpur Coach in Bogie No. 525-A. Five first class tickets were purchased upto Nagpur though the proposal was, they would go to Bombay. The two children Manju Rai and Arun Kumar occupied upper berths. The lower berths were occupied by Sitaram, Amal Kumar and Amita Rai. ( 5 ) AS the prosecution story goes, Arun Kumar and Manju Rai read books for a while and then went to sleep. The compartment was kept locked. The lights were switched off except the night lamp. Arun Kumar woke up some time after 2 A. M. on hearing the noise of a quarrel. Amal Kumar and Amita Rai, were talking loudly over some thing. Sitaram pacified them. It was nothing unusual. The two often quarreled. Arun Kumar went to sleep in no time. After half an hour or so, Arun Kumar again woke up probably due to muffled groans of Amita Rai or due to her struggle and convulsions. He saw Sitaram strangulating her and Amal Kumar holdings her hands and pressing her mouth. Amita Rai struggled for a while and then her movements stopped. Manju also woke up but then Arun, by gestures, asked her to keep lying quiet. The two lay helpless on their berths. They were panic striken and dared do nothing. ( 6 ) AT about 7 or 8 A. M. , the Bearer brought the tea and breakfast and knocked at the door of the compartment. Amal Kumar half opened the door and took the tray the Bearer did not come in the compartment or say, was not allowed to come in. The children got down for the breakfast. Arun Kumar asked Amal Kumar to wake up their mother so that she could also take her breakfast. The answer was that the lady was unwell and therefore, she should continue sleeping. Amita Rai lay on her side, facing the wall and she covered with a bed-sheet. ( 7 ) AFTER some time, Arun Kumar said that he felt the urge and would go to the Bathroom. He walked to the toilet. Sitaram followed him and-returned after Arun Kumar closed the doors of the toilet. Amita Rai lay on her side, facing the wall and she covered with a bed-sheet. ( 7 ) AFTER some time, Arun Kumar said that he felt the urge and would go to the Bathroom. He walked to the toilet. Sitaram followed him and-returned after Arun Kumar closed the doors of the toilet. Arun Kumar, after he had answered the call of nature, came to the compartment and finding it locked from inside, peeped through the thinks. He was aghost to see that Sitaram Tripathi was trying to strangulate Manju Rai, who was resisting and strugglings. Amal Kumar was holding her hands and gagging her mouth. Arun Kumar then shouted for help. Sitaram left the girl. P. W. 3 Randheriyar, who was traveling in the coupe next to the compartment, came out on hearing the shouts. He asked the boy what had happened. On being told that his sister was being strangulated, he went into the compartment. He saw Manju Rai terror striken. He took Arun Kumar and Manju to his coupe. The girl had marks of injuries around her neck and her left palm had also bite marks. Randeriyar then asked why the lady was sleeping at that hour of the day. It was 11 AM. One of the appellants said that she was ill. Randeriyar then touched the hand of the lady and found it stiff and cold. He as once knew that the lady was dead. He called the trian conductor and told him that. the lady had been murdered. The compartment was locked from outside and intimation was given to Rajnandgaon Station Master to requisition police help. The Railway Police at Dongargarh was informed and the force awaited at the Railway Station when the train reached Dongargarh. The appellants were arrested. Dead body of Amita Rai was sent for post-mortem examination. The autopsy report confirmed death by strangulation. Even the pillow, which was seized from underneath the head of lady, was found blood-stained. Manju Rai was also examined for her injuries around her neck. The abrasions were elliptical which indicated injuries by nails. The girls palm was also injured-likely the doctor says, by bite of teeth. ( 8 ) ENTIRE evidence was read to us, by the learned counsel for the appellants. The argument was that the appellants had been falsely implicated. Manju Rai was also examined for her injuries around her neck. The abrasions were elliptical which indicated injuries by nails. The girls palm was also injured-likely the doctor says, by bite of teeth. ( 8 ) ENTIRE evidence was read to us, by the learned counsel for the appellants. The argument was that the appellants had been falsely implicated. Arun Kumar might have strangulated the lady to death since he did not like his mother to be keeping illicit relations with Amal Kumar. For ought we know, the counsel said. Ashok Kumar, the stepson, might be traveling by the same train and filled the lady when the co-passengers were fast asleep. Arun Kumar might have facilitated the commission of the crime by Ashok Kumar by opening the compartment or may be that someone killed the lady when all of them were fast asleep, the compartment door having been left open inadvertently. ( 9 ) WE dot find any of these suggestions reaching home. The evidence of Arun Kumar and Manju Rai leaves us in no manner of doubt that the appellants had killed the lady and were attempting to kill Manju Rai, as well. Their testimony infuses confidence. The only discrepancy pointed out was that in the F. I. R. , Arun Kumar had mentioned that it was Amal Kumar who had strangulated the lady and Sitaram had assisted him in holding the hands and closing her mouth, whereas from the witness-box, the order was reversed. This little confusion would not discredit the testimony. Both were involved in strangulating the lady and who did what was hardly of much significance. The learned counsel submitted that it was difficult to believe that Arun Kumar would keep quiet for almost five hours, would not avail of the first opportunity to come out on some pretext and shout for help. Could it be believed that he would not insist on the lady taking breakfast with them or call the Bearer in when the compartment was opened for the tray to be brought him. ( 10 ) THE counsel forgets that we are dealing with a boy aged 14 and the girl aged 13. They were afraid of their own lives. Arun Kumar says that when he went to the toilet at about 7 A. M. Sitaram followed him. When he went again, Sitaram kept a watch for some time. ( 10 ) THE counsel forgets that we are dealing with a boy aged 14 and the girl aged 13. They were afraid of their own lives. Arun Kumar says that when he went to the toilet at about 7 A. M. Sitaram followed him. When he went again, Sitaram kept a watch for some time. He thought the boy would take time to return. An attempt was then made to strangulate Manju. Fortunately, Arun returned and finding the compartment closed peeped through the chinks. ( 11 ) THE story narrated by the two child witnesses is fully corroborated by the F. I. R. and by Mr. Randeriyar who was the first person to rush out to their assistance. In para 45 of the judgment of the Sessions Court, the facts fully established, have been stated. They are: (a) Amita Rai was not ailing when the journey commenced, She her two children and the appellants had their reservation in Bogie No. 525-A Howara Bombay Mail. (b) The compartment was kept locked at night. (c) Amita Rai was found dead and as the postmortem reveals, she had died by about 4 A. M. She was strangulated to death. (d) The Bearer who brought the breakfast, was not allowed to come in (see Shri Ram Petros deposition ). (e) When Randeriyar asked the appellants why the lady was still sleeping, they informed him that she was ill when in fact, she was dead for quite some hours. (f) Arun Kumar and Manju Rai had seen the appellants strangulating Amrita Rai. (g) Their testimony was fully corroborated by the F. I. R. and by Mr. Randeriyar. (h) The injuries around the neck and on the palm of Manju Rai confirm that on attempt was made to strangulate her and when she pushed Sitaram away, he had given a bite on her palm. 11. The story narrated by the two child witnesses is fully corroborated by the F. I. R. and by Mr. Randeriyar who was the first person to rush out to their assistance. In para 45 of the judgment of the Sessions Court, the facts fully established, have been stated. They are: (a) Amita Rai was not ailing when the journey commenced, She her two children and the appellants had their reservation in Bogie No. 525-A Howara Bombay Mail. (b) The compartment was kept locked at night. In para 45 of the judgment of the Sessions Court, the facts fully established, have been stated. They are: (a) Amita Rai was not ailing when the journey commenced, She her two children and the appellants had their reservation in Bogie No. 525-A Howara Bombay Mail. (b) The compartment was kept locked at night. (c) Amita Rai was found dead and as the postmortem reveals, she had died by about 4 A. M. She was strangulated to death. (d) The Bearer who brought the breakfast, was not allowed to come in (see Shri Ram Petros deposition ). (e) When Randeriyar asked the appellants why the lady was still sleeping, they informed him that she was ill when in fact, she was dead for quite some hours. (f) Arun Kumar and Manju Rai had seen the appellants strangulating Amrita Rai. (g) Their testimony was fully corroborated by the F. I. R. and by Mr. Randeriyar. (h) The injuries around the neck and on the palm of Manju Rai confirm that on attempt was made to strangulate her and when she pushed Sitaram away, he had given a bite on her palm. ( 12 ) THE evidence and the circumstances are overwhelmingly clunching against the appellants. They have been rightly convicted for the murder of Amita Rai and for attempting to murder Manju Rai. Their appeals are dismissed. Appeal dismissed. .