ASHIM KUMAR ROY, J.

1. The appellants Md. Kuddus Alam @ Kuddus Alam @ Md. Alam @ Kuddus Ansari and Md. Eklakh @ Eklakh were placed on trial before the learned Judge, 9th Bench, City Sessions Court, Calcutta to answer charges under Section 302/34 IPC, under Section 364/34 IPC and under Section 201/34 IPC. In the said trial they were found guilty for all the offences, they were charged with and accordingly convicted under Section 302/34 IPC, under Section 364/34 IPC and under Section 201/34 IPC and there under sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000/-and in default to suffer rigorous imprisonment for a further period of one year, to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/-and in default to suffer rigorous Imprisonment for further period of one year and to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for six months.

Hence, this appeal.

2. Shorn of details the prosecution case is as follows; On August 13, 1994 in the morning at about 7 a.m., Md. Hadish dropped his son at his school Progressive Day School and went to his place of empl