( 1 ) IN this appeal the appellants/accused have challenged the judgment and sentence of a convinction passed by the learned Additional Session Judge, 3rd Court, Krishnanagar, Nadia in Sessions Trial No. V of 1988 arising out of Krishnanagar Police Station case No. 5 dated 15th December, 1983 (G. R. Case No. 2678/83 ). The appellant No. 1 by the judgment and sentence of the learned Trial Judge has been awarded with life sentence under section 302 of the I. P. C. and further to pay a fine of Rs. 2000 and in default to undergo rigorous imprisonment for further period of six months. Sudhir Ghosh being the appellant No. 3, Mallick Ghosh being the appellant No. 2 have been awarded with rigorous imprisonment for three years under section 324 of the I. P. C. The appellant No. 3, viz, Sudhir Ghosh, appellant No. 2, viz. , Mallick Ghosh and appellant No. 4, viz. , Ajoy Halder were awarded with rigorous imprisonment for one year under section 323 of the I. P. C. Both the said sentences under sections 323 and 324 against appellant Nos. 2, 3 and 4 are to run concurrently. The accused/appellants along with other five persons, viz. , one Swapan Chakraborty, one Shambhu Sengup