( 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 Sengupta, one Subal Halder, one Ashok Halder, one Basudev Halder were tried jointly in pursuance of the complaint and/or FIR lodged by one Netai Ghosh, PW-1 herein. The case made out in the said FIR lodged by PW-1 is stated hereinbelow:

( 2 ) ON 15th December, 1983 one Shri Mallick Ghosh, the appellant No. 2 herein being the neighbour of the PW-1 came to his house and started quarrel with his daughter, viz. , Sumitra Ghosh being PW-3 herein. While quarreling, the appellant No. 2 herein assaulted PW-3. Such quarrel followed by assault took place because of a goat of PW-1 having strayed into the house of the appellant No. 2 at about 3. 00 p. m. on 15th December, 1983. At that point of time neither the PW-1 nor any of his sons was in his house. His son namely Kesto being the victim and Sunil Ghosh, PW-7 on their return to the house at about 6. 30 p. m. learnt about the said incident of quarrel and assault to pw-3. Having found Mallick Ghosh being the appellant No. 2, the victim called for an explanation from him as to why PW-3 was assaulted. To this, there was an altercation ensued between the said victim and the appellant No. 2. Appellant No. 1 while alteration was on, assaulted the said victim. Having seen Kesto being assaulted, Sunil Ghosh being PW-7 brought the victim back home and appellant No. 2 also went back to his house. About half an hour on that day around 7 p. m. when the said victim went to the tubewell situate behind the house of the PW-1 the appellant No. 2 along with appellant No. 1 Shri Sudhir Ghose, Shri Swapan Charkaborty, Shri Sunil Halder, Shri Sambhu Sengupta, Shri Basudeb Halder, Shri Subal Halder, Shri Ashok Halder, and Shri Ajoy Halder came to the said place of tubewell and they came in a group and started altercation with the said victim. They dragged the said victim from the side of the tubewell towards the banana plantation by the side of the house of the PW-1. Thereafter the appellant No. 1 first assaulted Kesto being the victim on his head with an iron rod. Thereafter at the instigation of Shri Swapan Chakraborty, the appellant No. 1 Sunil Halder and Ajoy Halder and all others started assaulting the victim with iron rod, bamboo stick, tangi balidhara and other blunt weapons whatever they were having in their hands at that time. The PW-1 and Shri Gour Ghosh being PW-12 and his son Sunil Ghosh, went to save the victim. But PW-1 and the aforesaid persons were also assaulted and they got injured. Thereafter the aforesaid accused persons dragged the victim. Immediately after the said incident, the people of the locality, having found Kesto being the victim, lying in unconscious state took him to Bhajanghat Hospital. The complinant being PW-1 along with aforesaid persons were also taken to Bhajanghat Hospital also. Thereafter the victi