(1.) The Criminal Revision Case No. 2423 of 1981 and Criminal Appeal No. 373 of 1981 have been heard together and one judgment is being rendered, as both arise from the same judgment and order of the learned Additional Sessions Judge, Murshidabad.
(2.) There were six accused persons before the learned Additional Sessions Judge. One charge under section 302/34 of the I.P.C. was framed against all e second charge under section 120B of the I.P.C. is also a common charge against all. Against the accused, Badal Sheikh, a separate charge under section 364 of the I.P.C. was framed.
(3.) After considering the materials on record, the learned Additional Sessions Judge found the accused Alam Sheikh and Badal Sheikh guilty under section 302/34 of the I.P.C. The accused Badal Sheikh, was further found guilty under section 364 of the I.P.C. So far as the charge under section 120B of the I.P.C. is concerned, the learned Additional Sessions Judge merely recorded that the same was redundant involving the accused Alam Sheikh and Badal Sheikh.