JUDGMENT

FAZAL ALI, J.:— In this appeal by special leave, which is directed against the judgment of the Patna High Court, the appellant No.1, Kailash Prasad Kanodia has been convicted under Section 302 and sentenced to imprisonment for life. Appellant No.2, Gatru Mal Kanodia has been convicted under S. 326 and has been sentenced to three years R. I. A detailed narrative of the prosecution case is to be found in the judgment of the High Court and it is not necessary for us to repeat the same all over again.

2. The High Court as well as the Sessions Judge have accepted the prosecution case and have affirmed the conviction of the appellants as indicated above. The only point that was urged before us by Mr. Mukherjee and Mr. Kohli appearing for the appellants, was that the entire case must fail because the statements recorded by the Officer In-charge D. P. Sharma (P.W. 19) on a rough piece of paper were not made available to the appellant at the trial which has caused serious prejudice to them. The High Court as well as the Sessions Judge considered this aspect of the matter and found that this infirmity was not sufficient to vitiate the trial. The prosecution has examined P.Ws. 4, 7, 1