(1.) THIS appeal is directed against a judgment and order dated 22nd May, 2003, and 23rd May, 2003, passed by Sri T. K. Gupta, Learned Additional Sessions Judge, 1st Court, howrah, in Sessions Trial Case No. 178 of 2002 convicting the appellants under sections 302 and 201 of the Indian Penal Code read with section 34 thereof. By the order dated 23rd May, 2003, both the convicts appellants were sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/-each in default to undergo further rigorous imprisonment for a period of two years for the offence punishable under sections 302 of the IPC read with section 34 of the IPC. No separate punishment for the offence punishable under section 201 of the IPC was, however, inflicted.

(2.) THE case of the prosecution briefly stated is that on 21st May, 2002 the accused Salil Das and the accused Mahela Bibi along with her husband the deceased Fakir came to the house of Sufal Sarkar. After taking dinner, these three persons went to sleep at the roof of the house of PW-1, Sufal Sarkar. PW-1 Sufal Sarkar is the husband of the sister of the accused Salil Das. In the dead of the night Sufal Sarkar allegedly was informed by