ORDER :

1. Heard Mr. Pijush Roy, learned counsel appearing for the appellants and Ms. Astha Sharma, learned counsel appearing for the respondent (State of West Bengal).

2. This appeal has been filed by six appellants questioning the judgment and order dated 27.7.2005 passed by the Division Bench of the Calcutta High Court affirming the conviction of appellant Nos. 1 to 6 under Section 148, Section 302 read with Section 34 of the Indian Penal Code, 1860 (“IPC”). The learned counsel for the appellants has pointed out that Appellants No. 5 Abdur Rahman has died. Appellant No. 2 and appellant No. 6 are absconding.

3. In view of the above, the appeal stands dismissed against appellant Nos. 2 and 6 and stands abated against appellant No. 5. We thus have to consider the appeal only on behalf of the appellant No. 1 Jafel Biswas, appellant No. 3 Bhiku Sk. and appellant No. 4 Saidul Islam.

4. The prosecution case in brief is that on 25.9.1985 at about 10.30 a.m. victim Mokshad Ali and one Abdus Salam were proceeding towards their respective schools starting from their village Ambarpur on separate bicycles and the de facto complainant Siddik Sk. was behind them on his own bicycle.

5. Mokshed Ali w