JUDGMENT

Arijit Banerjee, J. - This is an appeal against the judgment and order dated 12th February, 1998 passed by the learned Sessions Judge, Coochbehar in Sessions Trial No. 2(6) 96 arising out of Sessions Case No. 97/94, thereby holding the appellants guilty of having committed offences under Sections 302/34 and 201/34 of the Indian Penal Code (for short 'IPC'). The appellants are two (2) out of thirteen (13) accused persons. Nine (9) accused persons were acquitted by the Ld. Trial Judge and four (4) accused persons including the appellants were convicted and sentenced to life imprisonment. Two (2) of the convicts died during the pendency of the appeal.

2. The prosecution case as would appear from the written complaint and the FIR is that the victim Basudeb Ghosh, was going to the house of one Subrata Oraon of village Bara Soulmari on 16th July, 1992 at about 8/9 P.M. On the way there was collision of bicycles between the victim and Swapan Mitra, one of the appellants. A quarrel ensued. Thereafter, when the victim reached the house of Subrata Oraon, Swapan Mitra and other people named in the written complaint brought the victim out from the house of Subrata Oraon, took him in fr