DIBYENDU BHUSAN DUTTA, J.

1. This appeal is directed against the judgment of conviction and sentence passed on 6.3.90 by the ld. Additional Sessions Judge, First Court, Jalpaiguri in Sessions Trial No. 19 of 1988.

2. The prosecution story may be stated as follows:-

On 5.9.84 corresponding to 19th of Bhadra 1391 B.S., one Nani Mondal of Bamantari village along with three of his co-villagers namely Premchand Sarkar (PW 1), Dilip Sarkar and Gouranga Mondal went to Daukimari hut for the purpose of selling his jute. After the sale of the jute, Nani Mondal paid Rs. 80/- to one Tufani Sarkar (appellant no.2) in satisfaction of the previous loan. On receipt of the money, Tufani Sarkar left the hut at about 3 P.M. Nani Mondal and his three companions left the hut at about 5:30 P.M. for home. Daukimari hut is about one and a half mile from Bamantari that leads to the houses of Nani Mondal and his three companions passes by the side of the village well lying about 10 cubits to the East of that road. The primary school of the village lies to the north of that well at a distance of about a bigha and the pan-biri shop of Mantu Mondal (PW 16) lies opposite to the village well five cubits to