JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. This appeal is preferred against judgment and order of conviction dated 30.05.2001 and 31.05.2001 passed by the Learned District and Sessions Judge, Howrah in Sessions Trial Case No. XVI (1)/2001 convicting the appellants under Section 304 (II) of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/-each in default to undergo rigorous imprisonment for two months.

2. The prosecution case precisely stated that on 15.05.1996 at about 5.30 p.m. at Village - Boharia, Police Station - Jagatballavpur, District - Howrah when the three accused persons were ploughing the land allegedly belonging to the deceased, Satish Hazra, trouble ensued. Satish Hazra objected and the accused being infuriated attacked Satish Hazra. Biswanath Santra throttled the neck of the deceased and the other two, Sridhar and Prasanta assaulted him with fists, blows and kicks. Being so assaulted, the deceased fell on the ground and his wife Sankari Hazra and other adjoining people came to the spot and took him to his house and poured water. Subsequently Satish Hazra expired. The incident of his death was reported to