Ishan Chandra Das, J.

1. This Criminal Appeal (CRA 26/2005) arose out of the judgment and order of conviction dated 29th day of November, 2004 and 30th day November, 2004 respectively, recorded by Ld. Additional Sessions Judge, 2nd Court, Purulia in SC No. 67/2004 (ST No. 11/2004) wherein Ld. Sessions Judge found these appellants guilty for committing the offence punishable under Sections 302/149 I.P.C. and sentenced them to suffer Rigorous Imprisonment for life and to pay fine of Rs. 10,000/- (ten thousand) each and in default to suffer further Rigorous Imprisonment for 6 months and the period of detention during investigation and trial was subject to set off in terms of Section 428 Cr. P.C. Here no cross appeal has been filed on behalf of the state questing propriety of the judgment, order of conviction and of sentence etc.

2. Being aggrieved by the said judgment and order of conviction, this appeal has been preferred.

3. The facts of the case, as revealed from the written complaint dated 27th day of November 2002 (Ext. 1) was that on the 26th day of November, 2002 at about 4/4-30 P.M., while the family members of the victim Jagadish Tewary (hereinafter referred to as the