JUDGMENT

B.N. Agrawal, J.-Appellants were convicted by the trial court under Section 302 read with Section 34 of the Penal Code and sentenced to undergo imprisonment for life. They were further convicted under Section 326 read with Section 34 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of three years. The sentences, however, were ordered to run concurrently. On appeal being preferred by the appellants, their convictions and sentences have been upheld by the High Court.

2. Prosecution case, in short, is that on 5.9.1990 at 9 P.M. a meeting in the locality was held in the house of one Subhash Chandra Das (PW.4) to discuss the organisational matters in respect of ensuing Durga Puja which the members wanted to celebrate under the auspices of Kiran Sangha Club, its Secretary being one Narayan Debnath (PW.18). At the place of meeting, all of a sudden, thirteen accused persons came armed with daos (chopper), lathis, ballams, etc. and started assaulting Laxman Debnath, Baghla Charan Das (PW.9) Santosh Das (PW.12), Rajani Debnath (PW.16) and Narayan Debnath (PW.16) on their heads and other parts of body as a result of which Laxman Debn