JUDGMENT

Joymalya Bagchi, J. - appeal is directed against the judgment and order dated 29.04.2004 and 30.04.2004 passed by the learned Additional Sessions Judge, 4th Court, Howrah, in Sessions Trial No. 557 of 2003 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and pay a fine of Rs.10,000/- each, in default to suffer rigorous imprisonment for a period of two months more.

2. Prosecution case, as alleged against the appellants, is to the effect that on the fateful day i.e. on 17.09.2003 when Biswakarma Puja was being celebrated, the appellants had been teasing girls. Deceased, namely, Shakti Sankar Kanrar objected to such undesirable behaviour of the appellants.

3. This enraged the appellants. They ran to the shop of one Sofiar Molla and brought out an iron pati (a flat iron rod) and upon the instruction of Abed Ali Sardar (appellant no. 2) appellant no. 1 (Khokan Sardar) struck on the head of the deceased. As a result, the deceased suffered bleeding injury on the head. He fell down at the spot. He was rushed to the hospital where he expired on 20.09.2003. First in