1. The instant appeals are against the judgment and order of conviction dated 19th November, 2003 and 20th November, 2003 passed by the Additional Sessions Judge, 3rd Court, Nadia in Sessions Trial No. 1 of November, 1999 arising out of Sessions Case No. 6 of December, 1996. The appellants were convicted and sentenced to suffer imprisonment for life under S.302/34, 302 of the Indian Penal Code.

2. FACTS OF THE CASE
The prosecution case in brief is that on the early hours of 28th July, 1993 between 12:45 AM to 01:00 AM, the victim Sachin Mondal, a resident of Sahebnagar village under Dhubulia Police Station, district - Nadia, returned home after fishing at Chari Ganga River. He was tired and fell asleep, on a cot, next to his wife, in the veranda of his pukka house immediately thereafter. The son and daughter of the deceased aged about 22 and 25 years old, were sleeping in the room of their house.

3. At about 1:30 AM, 5 to 6 persons of whom the appellant No. 1 and one Mritunjoy Biswas along with others came into the house of the victim. The appellant No. 1 shot the victim with a fire arm. The bullet went through from the right axillary region side below the armpit, at nipple level a