JUDGMENT:— Special leave granted printing dispensed with. Copies of paper book used by the High Court while hearing the appeal against appellants have been furnished to us. With the consent of parties, we proceeded to hear the appeal on merits.

2. In Sessions Case No. 75 (D) of 1974, 17 accused including accused No. 2 Heramba Brahma and accused No. 3 Amar Singh Brahma (appellants herein) were tried for having committed offences under S. 120-B and Section 302 read with Section 34 of the Indian Penal Code. The learned Sessions Judge convicted accused Nos. 1, 2, 3, 4, 6, 7, 10 and 11 for having committed offences under Section 120-B and Section 304 read with Section 34, I. P. C. and sentenced each of them to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 500/-, in default to suffer further RI for 6 months for the-offence under Section 302 read with Section 34 of the Indian Penal Code (Sic). No separate sentence was awarded for the offence under section 120-B of the I. P. C. The accused Nos. 5, 8, 9, 12, 13, 14, 15, 16 and 17 were held not guilty of the offences with which they were charged and were acquitted. The accused who were convicted, preferred Criminal Appeal