R.K. Merathia & Jaya Roy, JJ.-This appeal arises out of the judgment of conviction dated 20.1.2001 and sentence dated 22.1.2001 passed in Sessions Trial No.201 of 1997/44 of 1997 by learned Additional Sessions Judge, Pakur convicting the appellants under Section 302/34 of IPC, and sentencing them to go R.I. for life and also under Section 328/34 of IPC, and sentencing them to go R.I. for five years. Though, the sentences were to run concurrently.

2. The prosecution case in short is that the appellant No.1- Braj Dulal Mandal and Nilambar Mandal (deceased) were 'Sarhus' and appellant No.2-Lateka Mandal and wife of Nilambar Mandal are sisters. The brother of Lateka Mandal gave one house to both her sisters and brothers-in-law to live jointly. There used to be some disputes between them on the portion of the areas given to them. On 12.1.1992 there was a quarrel between the sisters on which the appellants threatened with dire consequences to the informant party. The matter was pacified by intervention of the villagers. On the next date i.e. 13.1.1992, the informant party took lunch which included cooked chicken. The left over chicken was kept for consuming in dinner. At the dinn