JUDGMENT

ARIJIT PASAYAT, J. — This is second journey of the accused-appellants to this Court questioning their conviction on being found guilty of offences punishable under Section 302 read with Section 149 and Section 148 of the Indian Penal Code, 1860 (in short “IPC”).

2. On the first occasion apart from the conviction for the aforesaid offences, the appellants were also convicted under Section 307 read with Section 149, IPC. However, in the second instance, the said conviction has been altered to one under Section 324 read with Section 149, IPC.

3. Filtering out unnecessary details, the prosecution version as unfolded during trial is as follows :

On 31.12.1988, there was an altercation between Jairam Das and Sadananda (hereinafter referred to as the deceased) on one hand and Jagabandhu Samal (DW 1) on the other near Motto Hat in connection with occupation/construction of a shed in a market area. When Jagabandhu suddenly got up, his head struck against a bamoo protruding into the thatch and he sustained some injury. Subsequently, when Jairam Das (PW 1), Gagan Das (PW 5) and the deceased proceeded towards their village near Balabhadrapur Sasan, they found that the accused person