( 1 ) -THIS appeal is directed against the judgment dated 25. 9. 1997 passed by the learned Additional Sessions Judge, 13th Court, Alipore, South 24-parganas convicting eleven appellants, namely, Debabrata Mondol, Manabendra Mondol, Khakan Naskar, Kamal Naskar, Santosh Naskar, Bibhuti Naiya, Prasad Naiya, Birupaksha Mondal, Hrishikesh Mondol, Tarun Naskar and Swapan Naiya under sections 302/149, 148 and 448/149 IPC and they were sentenced to suffer imprisonment for life and to pay a fine of Rs. 3,000/- each and in default to suffer R. I. for further one year each in respect of their conviction under section 302/149 IPC. They were also sentenced to lesser terms of imprisonment/fine in respect of their convictions for lesser offences.

( 2 ) PROSECUTION case in brief is that P. W. 1 Smt. Kajal Naiya being the mother of two deceased persons, Kartick Naiya and Ganesh Naiya lodged a written complaint before a police officer of Joynagar P. S. when she came to village Maldari. Complaint was addressed to the officer-in-charge of the said police station. It was lodged with the police officer on 5. 4. 87 at about 11. 45 a. m. Said written complaint was then forwarded to th