JUDGMENT

C. Nagappan, J.

1. Leave granted.

2. This appeal is preferred against the judgment of the High Court of Calcutta in C.R.A. No. 207 of 2002.

3. The Appellants herein are accused Nos. 1 and 3 respectively in Sessions Trial Case No. XXX(April) of 2000 on the file of Fourth Additional Sessions Judge at Howrah and they were tried along with two other accused and all of them were convicted for offence under Section 302 read with Section 34 Indian Penal Code and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for one year. Aggrieved by the conviction and sentence accused Nos. 1 to 4 preferred appeal in Criminal Appeal No. 207 of 2002 and the High Court by impugned judgment dated 12.5.2008 dismissed the appeal preferred by accused Nos. 1 and 3. Challenging the same they have preferred the present appeal.

4. The prosecution case in brief is as follows: Accused No. 1 Saroj @ Suraj Panchal is the elder brother of accused No. 3 Anil Panchal. Accused No. 2 Tapan Panchal and accused No. 4 Swapan Panchal are sons of accused No. 1 Saroj @ Suraj Panchal. PW 1 Srikant Ray and PW 9 Sameer Ray are brother