Kishore Kumar Prasad, J. - (1.) This appeal is directed against the judgment and order of conviction dated. 29.3.1990 passed by the learned Additional Sessions Judge, 3rd Court, Burdwan in Sessions Trial No. 27/ 1989 arising out of Sessions Case No. 218 of 1988 by which the two appellants namely, Subal Majhi @ Hembram and Mongla Besra were convicted under Sections 302 of Indian Penal Code / 201 read with Section 34 of Indian Penal Code.
(2.) The appellants were heard on the question of sentence on 29.3.1990 and thereafter by an order passed on the same day they were sentenced to suffer rigorous imprisonment for eight years as also to pay fine of Rs. 2,000/- each, in default of payment of fine to suffer rigorous imprisonment for six months each for the offence punishable under Section 302 of Indian Penal Code. They were also sentenced to suffer rigorous imprisonment for three years as also to pay fine of Rs. 500/- each, in default of payment of fine to suffer rigorous imprisonment for two months each for the offence punishable under Section 201 read with Section 34 of Indian Penal Code.
(3.) The substantive sentences awarded to the appellants were ordered to run concurrently. Another co-accused Mantu Marandi was also charge-sheeted but he fled from the law prior to commitment of the case to the Court of Sessions and as such the case against him was split up on 20.6.1989 by the learned Committing Magistrate as he was absconding.;