JUDGMENT :

N.V. RAMANA, J.

1. This appeal by special leave is directed against the judgment and order dated 24.12.2010 passed by the High Court at Calcutta in CRA No. 42 of 1990 wherein the High Court upheld the judgment and order dated 13.01.1990 passed by the 2nd Additional Sessions Judge, Hooghly in Sessions Trial No.51 of 1983 convicting the appellants for offences under Sections 148, 307/149 and 302/149 of IPC.

2. Brief facts of the prosecution case, necessary for the disposal of this case is as follows. The defacto complainant (PW-1), and his brothers Abdul Sayed and Narul Islam were arrested sometime in May, 1980 in connection with murder of one Saiful Islam of Nalitjole Village. Even after getting released by bail, they could not go back to their village as their residence was ransacked and damaged by the enraged villagers. However, the accused persons along with others, persuaded the complainant and his brothers, to return to their village. Consequently, on their return to the village on 25.04.1981, they found an assemblage of villagers near their house and suspecting certain danger, they ran to save their lives. But, they were chased by the accused persons, including the pre