JUDGMENT

       Ashok Bhushan, J.

1. This appeal has been filed against the judgment dated 16.02.2006 of Calcutta High Court, by which judgment, the High Court reversed the order of acquittal granted by Additional Sessions Judge. The High Court convicted the appellants Anjan Dasgupta and one Biswanath Paul under Section 302/34 of IPC by awarding life sentence and a fine of Rs. 2000.00.

2. The prosecution case in brief is that, at 4.50 PM of 16th June, 2000 Debol Kumar Ghosh, the deceased was sitting inside the Party Office of CPI(M) at R.B.C. Road, Naihati, North 24Paraganas at which time a maruti gypsy car stopped, from which the appellants got down. At the same time, four persons on two bicycles came from the direction of the Mitra Bagan Road and stopped right in front of CPI(M) Party Office. The appellant by hand indicated Debol Kumar Ghosh to four persons who had arrived there on two bicycles, and one of them fired from pipe gun on Debol Kumar Ghosh. Leaving two cycles, all four persons got in the Maruti Gypsi which speed up towards Gauripur. Sandip Ghosh, the son of Debol Kumar Ghosh who was sitting inside his medicine shop, namely, “Ma Medical Stores” at R.B.C. Road, Naihati, No