MD.MUMTAZ KHAN,J. - (1.) These appeals have been preferred by the appellants assailing the judgment and order of conviction and sentence dated March 11, 1998 and March 12, 1998 respectively passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No. 3(7) 1993 arising out of Sessions Case No. 2(9) 1991.
(2.) By virtue of the impugned Judgement appellants were convicted for commission of the offence punishable under Sections 147 of the Indian Penal Code, 302 read with section 149 of the Indian Penal Code, 324 read with section 149 of the Indian Penal Code (hereinafter referred to as the IPC) and were sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/- in default to suffer further rigorous imprisonment for three months each for the offence under Section 302 read with section 149 IPC, rigorous imprisonment for two years with a fine of Rs. 200/-in default to suffer further rigorous imprisonment for two months each for the offence under Section 324 read with section 149 IPC and to suffer simple imprisonment for a period of two months with a fine of Rs. 100/- in default to suffer simple imprisonment for a period of 15 days each for the offence under Section 147 of IPC with a direction that all the sentences shall run concurrently. Accused Kalipada Ghosh was convicted for the offence under Section 147 IPC only and was sentenced to suffer simple imprisonment for a period of two months with a fine of Rs. 100/- in default to suffer further simple imprisonment for a period of 15 days and was acquitted from the charges punishable under Section 302 read with Section 149 IPC and Section 324 read with Section 149 IPC. The period of detention already undergone by the convicts was directed to be set off as per the provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
(3.) The prosecution case, in brief, is as follows:;