JUDGMENT :

(Subhendu Samanta, J.)

1. The instant appeal is directed against the judgment and order of conviction and sentence dated 21.03.1990 passed by the Learned sessions Court Nadia in sessions trial no. 1 (iv) 89 corresponding to Sessions Case no 7(7) 89 finding the present appellants guilty u/s 304 part II of IPC and convicting and sentencing the appellants to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs. 100 each i/d to further RI for 15 days.

2. The brief fact of the prosecution case is that one Sahel Ali Mandal (PW 1) lodged a written complaint with IC Katwali Police station, Krishnanagar, Nadia contending inter alia that present appellants along with three others on 10.05.1987 in the morning had an altercation between father of the complainant Janab Ali Mandal and at the intervention of the other villagers the matter was set at rest. The appellant/accused persons threatened that they would murdered Janab. Thereafter, at 8: 30 P.M. on that date, while the complainant and his brother Babar Ali Mandol were engaged in stacking straw in the Khamar, their father Janab Ali was proceeding though that place towards the Mosque to offer namaj, at the time th