Sankar Acharyya, J.

This appeal has been preferred by three appellants Joleman Sk (A-1), Nekail Sheikh @ Nakail (A-2) and Kamal Sheikh (A-3) challenging the judgment and orders of conviction and sentence dated 5.9.2008 and 9.9.2008 respectively passed by learned Additional Sessions Judge, 2nd Fast Track Court Jangipur in Sessions Case No. 16 of 2005 corresponding to Sessions Trial NO. 2 (9) of 2005 under Sections 364 and 302 read with Section 34 of the Indian Penal Code (in short I.P.C.).

2. The appellants have contended that the evidence on record do not justify the conviction and sentence and that the impugned judgment and orders of conviction and sentence are bad in law causing prejudice to the appellants. Appellants have further contended that the appellants were not properly examined under Section 313 of the Code of Criminal Procedure (in short Cr.P.C.) and that the witnesses examined by prosecution are either relatives or known persons of the complainant which fact has not been considered by the Trial Court. Appellants have prayed for setting aside the impugned judgment and orders.

3. Initially the case was started against six accused persons including the three appell