( 1 ) IN this Appeal the conviction of the Appellants in respect of the charges of Sections 30? and 364 of the Indian Penal Code forms the subject-matter of consideration, which has been passed by the learned Fast track, Second Court, Krishnanagar in Sessions Trial No. 2 (7)2002 on 28,3. 2003 thereby sentencing both the Appellants in respect of the charge under Section 302 of the Indian Penal Code to suffer imprisonment for life and to pay a fine of Rs. 3,000/- in default, to suffer further rigorous imprisonment for six months. No separate sentence in respect of the charge of Section 364 of the Indian penal Code was however passed.

( 2 ) PURSUANT to a charge-sheet, submitted by P. W. 10 the Investigating officer the Appellants were directed to answer the following charges : firstly, "that in furtherance of common intention all of you, on or about the 20th day of March 2000 at 00 hours of night at Ramnagar P. S.-Tehatta, nadia, Kidnapped Nanda Rani Mondal in order that the said Nanda Rani mondal might be murdered and thereby committed and offence punishable under Section 364/34 of the Indian Penal Code. " secondly, "that in furtherance of common intention of all you,