Joymalya Bagchi, J.

1. Appeal is directed against judgment and order dated 31.03.1987 passed by learned Additional Sessions Judge, 14th Court, Alipore, 24 Parganas in Sessions Case No. 15(1) of 1986 corresponding to Sessions Trial No. 5(4) of 1986 convicting the appellants for commission of offence punishable under Section 304 Part I of the Indian Penal Code read with Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/- each, in default to suffer rigorous imprisonment for three months more and with a direction that the fine, if realised, be paid to the widow of the deceased as compensation.

2. The prosecution case, as alleged against the appellants, is to the effect that the victim Radha Kanta Jha was a resident of 17, Panchanantala Road, Calcutta within the jurisdiction of Lake Police Station and appellants were residents of a nearby basti bearing premises No. 22, Panchanantala Road. In the morning of 8.8.1983 at about 5-40 A.M. the deceased Radha Kanta Jha was going to the privy of the premises No. 17, Panchanantala Road. At that time, Dilip Shaw, appellant No. 2 came there and insisted on us