Judgment

HIDAYATULLAH, J. : The six appellants who have appealed to this Court by special leave were convicted by the Assistant Sessions Judge, Birbhum under S. 304 Part II read with S. 34 of the Indian Penal Code and sentenced to six years rigorous imprisonment each. Their appeal to the High Court was summarily dismissed. When the appellants applied for a certificate in the High Court they made it plain that the only point which was required to be considered by this Court was whether S. 34 could be read in conjunction with Part II of S. 304 Indian Penal Code. In this Court the argument was confined to this point of law. The High Court rejected the application for the certificate pointing out that the controversy had been settled by a Full Bench decision of the High Court reported in Ibra Akanda v. Emperor, ILR (1944) 2 Cal 405. The learned Judges were of the opinion that the point was not of sufficient importance for permitting the appellants to take an appeal to this Court.

2. For the consideration of the point of law which has been debated before us, we may state only such facts as will bring out the controversy. One Abdul Sheikh in the company of his son Adut, aged 13 went to hi