BANERJEE, J

(1.) On December 27, 1985 Brindaban Das, victim along with his two friends Sri Pradip Dey P.W.2 and one Suvankar Patra were sitting at Kalyanswar Club at J. K. Mitra Road, Belgachia, Calcutta when Gopal who was subsequently described as Chor Gopal came to the spot along with two other persons and identified Brindaban to his companions. Brindaban immediately got up and rushed to Gopal. There had been an altercation between them. The persons left the place by threatening Brindaban with dire consequence.The accomplice of Gopal were subsequently identified as Madan Das and Sukumar Haider, the appellants above named. On the same day evening Brindaban, Pradip along with one of their friends Ashim Acharya, P.W.3 were walking through Dum Dum Road, When they reached the crossing of Dum Dum Road and Northern Avenue Gopal along with three others including those two persons who accompanied Gopal in the morning, got hold of them. Gopal shouted at Brindaban and asked his accomplice to kill him. Gopal caught hold of Brindaban by his neck. Another miscreant gave a blow with Bamboo Club (Bans Mugur) on the head of Brindaban. Brindaban fell on the road. At that time another miscreant chased Pradip and Ashim with a chopper in his hand. Out of fear Ashim ran away towards Northern Avenue. Pradip hid himself in a quarter nearby wherefrom he watched that the miscreants left the place of occurance. After they had left the place Pradip came out and took Brindaban in a rickshaw to his house at Raja Manindra Road, Calcutta. He noticed that HMT wrist watch and one silver chain containing a cross locket with the mark "Raju" were missing from Brindabans possession. He narrated the incident to the elder brother of Brindaban, Dayal, P.W. 8 who immediately took Brindaban to hospital. Pradip then came back to his house. On the next day morning he was called by Dayal. He came to know that Brindaban had succumbed to injury. He went to Chitpur Police Station and lodged the FIR. Pradip identified the wristwatch and the silver chain recovered by the Police. The Police subsequently arrested the accused. Both Pradip and Ashim identified the miscreants in the parade. The accused faced trial. The learned Judge held all of them guilty of the offence under Section 304, Part-l of Indian Penal Code. The learned Judge sentenced Gopal, Manik and Madan for eight years rigorous imprisonment together with fine of Rs.2,000/- each, in default to suffer one year further imprisonment. The learned Judge sentenced Sukumar six years rigorous imprisonment with fine of Rs.1,000/- in default to suffer six months rigorous imprisonment.

(2.) Sukumar and Madan filed the above appeal. We are told that other accused have also filed appeal. The learned Counsel could not give particulars of the said appeal. As such we could not hear the other appeal, if any, filed by the other accused. Hence, we are to consider the conviction of Sukumar and Madan and the sentence imposed on them by the learned Judge.

(3.) The prosecution examined altogether eighteen witnesses. P.W.2, Pradip Dey the informant deposed that he was present in the morning with Brindaban and Subhankar at Kalyanswar Club at J.K.Mitra Road, Belgachia, Calcutta. He witnessed the altercation between Gopal and Brindaban. He also accompanied Brindaban in the evening along with Ashim. He witnessed the unfortunate incident. He took the victim in a rickshaw to his house and narrated the entire incident to his elder brother, Dayal. He identified Manik who caught hold of the neck of the victim. He also identified Madan who assaulted the victim with Bans Mugur. He also identified Sukumar who chased them with a chopper. Earlier he identified the accused in the Tl parade in the presence of the learned Magistrate. In the next day morning he accompanied Dayal to the Chitpur Police Station and lodged the FIR. He also deposed that he made oral statement to the Police Officer. The Police then wrote it down. He signed the complain