JUDGMENT :

Amitava Roy, J.

These appeals register a challenge to the judgment and order dated 4.12.2009 rendered in Criminal Appeal Nos. 1126 of 2006 and 1167 of 2006 preferred by the respondent Nos. 1 and 2 in Criminal Appeal No. 2216 of 2010 and respondent No. 1 in Criminal Appeal No. 2217 of 2010 respectively.

2. The appellant-complainant is aggrieved by the interference with the conviction of the respondents-accused recorded by the trial court. Whereas respondent Nos. 1 and 2 in Criminal Appeal No. 2216 of 2010 were convicted under Sections 390/392/457 read with Section 34 IPC, they were acquitted of the charge under Section 302 IPC. The respondent No. 1 in Criminal Appeal No. 2217 of 2010, however, had been additionally convicted under Section 302 IPC. All the three accused were sentenced accordingly. Though the respondents-accused preferred appeals against their conviction, as above, the State refrained from doing so, more particularly against the acquittal of respondent Nos. 1 and 2 of the charge under Section 302 IPC.

3. We have heard learned counsel for the parties.

4. The prosecution case relates back to the night of 18.4.2005. The deceased Nemiraj Gogi was in his house, while