( 1 ) THIS is an appeal against the judgment and order dated 24-4-84 passed by Shri A. K. Maity, Additional Sessions Judge, Nadia, First Court, whereby the sole appellant Uttam Ghosh was convicted of the offence under S. 307 of the I. P. C. and was sentenced to undergo R. I. for five years for the said offence. The period of earlier detention, if any, was directed to be set of against the term of imprisonment imposed on him. It may be added here that by the same order some other co-accused persons, namely, Babloo Ghosh, Satya Ghosh, Gopal Ghosh and Nemai Ghosh, who had been jointly charged under S. 307/34 of the I. P. C. along with the appellant, were acquitted of the said charge.

( 2 ) THE prosecution case in brief is that in the night between the 4th and 5/05/1982, the R. G. Party (Resistance Group Party) of village Garuimari, P. S. Chapra, District Nadia was patrolling in the village under the control of the Group Captain Jagannath Ghosh (PW 8 ). The R. G. Party consisted of some other members such as the informant Paritosh Ghosh (PW 1), Anukul Ghosh (PW 2), Bhakta Sardar (PW 3), Madan Mohan Ghosh (not examined), Tehul Sardar (not examined) and Sahadeo Sardar