JUDGMENT :

PRASENJIT BISWAS, J.

1. This appeal is directed against the impugned judgment and order of conviction dated 14.02.2020 and 15.02.2020 passed by the learned Additional Sessions Judge, at Kandi, Murshidabad in connection with Sessions Trial No. 06(04)/2018 corresponding to Sessions Serial No. 82 of 2018 arising out of G.R. Case No. 1742/2017.

2. By passing the impugned judgment these appellants were found guilty for commission of offence punishable under Section 302/34 read with Section 149/34 of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for life along with fine of Rs. 10,000/- each. The appellant Edel Khan alias Edel Sk. was also further convicted under Section 323 of the Indian Penal Code and he was sentenced to suffer imprisonment for six months along with a fine of Rs. 1000/-.

3. Brief facts relevant and essential for the disposal of this appeal are as follows:

“One Khalil Sk., father of the victim had lodged a written complaint before the police station stating, inter-alia, that on 22.09.2017 at about 5.30 P.M. when his son Sujan Sk. was returning home from the school then all the accused persons armed with ‘jhaba’, ‘lathi’, ‘iron rod’ a