(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, Nadia, 3rd Court, Krishnanagare sentencing each of the appellants, namely, Balai Ghosh, Mahadev Ghosh, Loharam Ghosh, Naru Ghosh, Jhunu Ghosh and Sankar Ghosh to suffer R.I. for life and to pay fine of Rs.2,000/- in default to undergo R.I. for six months under Section 302 of the Indian Penal Code.
(2.) The prosecution case, in short, is that Chandi Charan Bera, a constable lodged complaint with Inspector-in-charge of Kotwali P.S., Nadia alleging that on 08.2.1985 at about 12.20 P.M.Sudhir Santra, the Chowkidar of Daluipur village along with 2/3 persons came to the out post and informed that about 200/250 persons of Balainagar village being armed with dhal, lathi, kurbi ramda (bill hook) etc. came to attack the villagers of Daluipur.
(3.) After receipt of the complaint, Kotwali P.S. Case No. 11 dated 08.2.1985 was started and on completion of investigation charge sheet was submitted.