Judgment

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 2.3.2010, passed by the High Court of judicature at Calcutta in Criminal Appeal No. 235 of 1994 whereby said Court has dismissed the appeal and upheld the conviction and sentence recorded by the Additional Sessions Judge, 1st Court, Nadia, in Sessions Case No. 11(6) 1986/S.T. No. II (3) 1994, against accused/appellants Bivash Chandra Debnath, Sambhu Ghosh and Sadananda Mondal under Section 302 read with Section 149 of Indian Penal Code (IPC).

2. We have heard learned counsel for the parties and perused the papers on record.

3. Prosecution story, in brief, is that PW-1 Satya Charan Debnath and his sister’s husband Ganesh Nath purchased two pieces of land situated on northern side of Panchanantaal of village Garibpur about a month before the incident. Both of them started cultivation on the land purchased and planted seeds of “Baro” paddy. Accused Bivash Chandra Debnath @ Patal (appellant No. 1) had his land on the west of the land purchased by the Ganesh Nath. On 1.12.1983 at about 8.00 a.m., PW-1 Satya Charan Debnath and his brother-in-law Ganesh Nath came to know that accused Bivash Chandra Debnath