Debasish Kar Gupta, J.

1. Out of the aforesaid two appeals, the former one bearing CRA No.892 of 2013 is preferred by twelve (12) appellants and the later one bearing CRA No.840 of 2013 is preferred by one (1) appellant against a common judgment and order of conviction dated September 26, 2013 and sentence dated September 27, 2013, passed by the Additional District & Sessions Judge, 1st Fast Track Court, Berhampur, District-Murshidabad in Sessions Trial No. 03 (09) 2007 arising out of Sessions Case No. 459 of 2003 convicting all the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code, 1973, (hereinafter referred to as the I.P.C.) and sentencing them to suffer rigorous imprisonment for life as also to pay a fine of Rs.5000/- each, in default, each to suffer simple imprisonment for further period of five months.

2. According to the prosecution case, on June 20, 1998, at about 18.00 hours Md. Abdulla Mondal (deceased), son of Hazi Ali Rahaman Mondal and Islam Sk (deceased), son of Khoda Baks Sk of village-Dilalpur, Police Station-Hariharpara, District-Murshidabad, were returning home from Mamudpur Haat. After crossing Durlavpur Khal th