JOYMALYA BAGCHI, J.

1. The appeal is directed against the judgment and order dated February 9, 1987 passed by the Learned Additional Sessions Judge, 6th Court, Alipore in Sessions Trial No. 1(7)86 corresponding to Sessions Case No. 28(2)86 convicting the appellants for commission of offence punishable under Section 304 Part II read with Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs.1000/- each in default to suffer further rigorous imprisonment for six months has been assailed.

2. Prosecution case as alleged against the appellants and co-accused Muneswari Ali is to the effect that on 7.8.1984 at about 2.30/3 P.M. when the complainant Motilal Das and other male members were away from their house, appellant no.2 Iswar Chowdhury came to their house and abused his wife and sister-in-law. Later on appellant no.1, Samar Chowdhury, the father of Iswar, came to the house and took the latter away. On the next day i.e. 8.8.1984 at about 8.30 A.M. when the complainant and his father and brothers were discussing the incident of the previous day the appellants along with Muneswari Debi came to the house an