Judgement

JAGANNADHADAS, J. : This is an appeal by special leave against the judgment of the High Court of Calcutta confirming the conviction and sentence of each of the two appellants before us, by the Sessions Judge of Murshidabad. The appellants were tried on a charge under S. 302/34, I.P.C. by the Sessions Judge with a jury. The jury returned an unanimous verdict of guilty against each under the first part of S. 304 read with S. 34, I.P.C. The learned Jude accepted the verdict and convicted them accordingly and sentenced each of the appellants to rigorous imprisonment for ten years.

2. In order to appreciate the points raised before us, it is desirable to give a brief account of the prosecution case. The two appellants jointly made a murderous assault on one Saurindra Gopal Roy at about 6.30 p.m. on 3-11-1951. There was, owing to litigation, previous enmity between the deceased and the appellants. All of them belonged to a village called Mirzapur which in within the police station Beldanga, district Murshidabad.

The deceased along with two friends of his, of the same village examined as P. W. 1 and 2, attended a foot-ball match that evening at Beldanga. The match was over by 5 p.m