JUDGMENT

Tapash Mookherjee, J.—The judgment and order dated 28.10.2009 and 30.10.2009 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Lalbagh at Murshidabad in Sessions Case No. 18/2003 (Sessions Trial No.1 August/2003) are under challenged in the present appeal. By the aforesaid judgment and order learned Trial Court convicted all the Appellants of the offence punishable under Section 302/34 I.P.C. and sentenced the Appellants to suffer Rigorous Imprisonment for life each and to pay fine of Rs. 2,000.00 (Rupees two thousand only) each I.D. to suffer R.I. for one month more.

2. The facts leading to the Appeal, briefly stated, are as follows:

3. One Jalaluddin Sk. used to run a Video Hall in his house alongwith his two partners namely, Sadagar Sk. and Alauddin Sk. who are two of the Appellants in the case. In the night of 24.5. I 996 the said Jalaluddin Sk. alongwith his partners named above went to attend an invitation of Anarul Sk. who was also an owner of a Video Hall. Thereafter while the said Jalaluddin had been returning to his village in the mid-night he was attacked by the Appellants on the way near to the Ferry Ghat of the river Bhairab. During such a