1. Criminal Appeal No.204 of 2004 is directed against the judgment and order dated 9.6.2004 passed by the learned Ad hoc Additional Sessions Judge, Karimganj in Sessions Case No.53 of 2001 by which the five accused appellants have been convicted under sections 148/323/447/302, IPC read with section 149, IPC. Each of them have been sentenced to rigorous imprisonment for life and to pay a fine of Rs.5,000, in default, to suffer rigorous imprisonment for three months more under section 302; rigorous imprisonment for six months each under section 148, IPC; rigorous imprisonment for six months for the offence under section 323, IPC read with section 149, IPC and rigorous imprisonment for two months under section 447, IPC read with section 149, IPC. By the aforesaid judgment and order, eight (8) other charge sheeted accused have been acquitted of the said offences. Criminal Appeal No.91(J) of 2004 have been filed separately by one of the five accused appellants in Criminal Appeal No.204 of 2004. Both the appeals were, therefore, heard and are being disposed of by this common order.

2. The prosecution case in short is that on 3.1.1993 at about 5.15 p.m PW4, Smt. Ratna Das