Shivakant Prasad, J.

1. This appeal is directed against judgment and order dated 31.07.1992 passed by the learned Additional Sessions Judge, 1st Court, Dakshin Dinajpur at Balurghat in Sessions Case No. 122 of 1989 (Sessions Trial No. 6 of 1991) convicting the accused appellant No. 1 under Sections 302 and 201 of Indian Penal Code and sentencing him to imprisonment for life and to suffer rigorous imprisonment for three years respectively to run simultaneously and convicting the accused-appellant Nos. 2, 3 and 4 under Section 201 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years. The brief fact leading to this appeal is that on 22.06.1984 at about 6.30 p.m. Amar Mondal son of Bibhuti Bhusan Mondal inhabitant of Dakshin Roypur adjacent to Patiram BSF Camp took loan for a sum of Rs. 2,000/- from Gopal Sarkar son of Jyotirmoy Sarkar and nephew of the complainant of Patiram for the purpose of business of coconut. Gopal went to the house of Amar for realisation of that money but he did not return home. A missing diary was lodged in the morning of 24.6.1984 at Balurghat police station. It was the impression of the complainant that since