Judgment :-

Dalveer Bhandari, J.

1. This appeal is directed against the judgment of the Calcutta High Court dated 15.3.2002, by which the conviction of the appellants Naimuddin and Muslim Mian was confirmed by the High Court under section 302 read with section 34 of the Indian Penal Code (for short `IPC).

2. Eight accused were tried by the Sessions Court under sections 148, 323/149 and 302/149 IPC. The learned Sessions Judge acquitted all the other accused except the appellants Naimuddin and Muslim Mian. Both of them were convicted under section 302 read with section 34 IPC and sentenced to life imprisonment and to pay fine of Rs.5,000/- each and in default to further suffer rigorous imprisonment for two years.

3. It may be pertinent to mention here that Muslim Mian died during the pendency of the appeal and the appeal against him stands abated. In this appeal, we are, therefore, concerned with the appellant Naimuddin only.

4. Brief facts which are necessary to dispose of the appeal are recapitulated as under:

5. The informant P.W.1, Abdul Razzak came to Gajole Police Station on 27.2.1983 and lodged a First Information Report (for short, the F.I.R.) alleging that he along with his c