JUDGMENT

Bibek Chaudhuri, J. - This is an appeal under Section 374(2) of the Code of Criminal Procedure filed by the convicts/appellants (in jail) assailing the judgment and order of conviction and sentence dated 30th April, 2018 passed by the learned Additional Sessions Judge, 2nd Court at Jangipur, Murshidabad in Sessions Trial No.169 (Jan) of 2009 corresponding to Sessions Case No.208 of 2008 arising out of Sagardighi Police Station Case No.77 of 2006 dated 20th June, 2006.

2. During trial the learned Sessions Judge, 2nd Court, Jangipur, District Murshidabad held the appellants guilty for committing offence under Sections 304 (Part-II)/323/34 of the Indian Penal Code, convicted them and sentenced them to suffer rigorous imprisonment for five years each for committing offence under Sections 304 (PartII)/ 34 of the Indian Penal Code and to suffer rigorous imprisonment for three months for the offence under Sections 323/34 of the Indian Penal Code.

3. Sagardighi Police Station Case No.77 of 2006 was registered on the basis of a written complaint submitted by one Badrul Sk. On 20th June, 2006 alleging, inter alia, that on 15th June, 2006 at about 12 noon the uncle of the de facto com