Subal Baidya, J.

1. This Criminal Appeal is directed against the judgment of conviction under Section 302/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs. 5000/- with default clause passed by the learned City Sessions Judge, 12th Bench, Calcutta in a Sessions Trial arising out of Sessions Case No. 80 of 2003.

The appeal was admitted vide order dated June 9, 2005 and the appellants’ prayer for bail pending hearing of the appeal was rejected vide order dated April 20, 2006.

The background fact of the prosecution case out of which the Criminal Appeal No. 309 of 2005 is arising is as follows: one Mustaque Ahmed residing at 17/2, Smith Lane, Kolkata- 13, P.S. Taltala is the owner of a bookshop facing towards east styled as Hyder Ali book seller at 22, Rafi Ahmed Kidwai Road, Kolkata – 16. On April 11, 2003 at about 20.40 hours he came to his shop from his residence and sat in his shop to run his business and at about 20.50 hours on that day he heard a hue and cry and noticed that in front of his shop on the tram -line on Rafi Ahmed Kidwai Road four persons were in hot altercation and out of them two persons carrying Choppers were