Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the judgment of the Patna High Court dated 24-1-1974 and has been preferred by appellants, Dayanand Mandal, Bhubneshwar Mandal, Kuldip Mandal, Bhagwat Mandal, Nemo Mandal and Udin Yadav. The occurrence seems to have arisen out of an irrigation dispute. According to the prosecution case the appellants wanted to irrigate the land and when they were prevented from doing so, Mainu Mandal resisted as a result of which Bhudeo Mandal who is now dead gave a bhala blow to the deceased Mainu Mandal. So far as the other appellants are concerned they are supposed to have been armed with lathis but they did not cause any injuries either to the witnesses or to the deceased. The Sessions Judge had convicted the accused Bhudeo Mandal under Section 304 Part I of the Indian Penal Code and sentenced him to undergo imprisonment for life and the other appellants under Section 326/149 of the Indian Penal Code and. sentenced them to 3 years rigorous imprisonment but affirmed the acquittal of the accused of the individual charges under Secs. 323 and 325 of the Indian Penal Code by the Sessions Judge. We have gone through the judgment