ASHIM KUMAR ROY, J.

The criminal appeal is directed against a judgment and order passed in a sessions trial by the Learned Additional Sessions Judge, 2nd Court, Murshidabad convicting the appellants under Section 302/34 of the Indian Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay fine with default clause.

In the trial total 8 accused were charged but the Trial Court convicted these appellants and acquitted the rests three.

2. Briefly stated the prosecution case is as under:-

On September 16, 1998 the victim Maniruddin Sk. is the uncle of P.W. 5 Imdadul Haque and he was a teacher of Rajarampur High School. On 16th September, 1998 in the afternoon while the victim was returning home from school the P.W. 5 Imdadul Haque was also returning from Pikepara village where he went for some personal work. Near Rajarampur High School Imdadul met the victim and thereafter they were returned home together. They were proceeding through Rajarampur Moram Road and as soon as they reached near the house of Biren Sarkar, these accused and others being armed with various deadly weapons surrounded them from all side and pounced upon Maniruddin. T