Judgement

Notice in these two special leave, petitions was confined to the question of sentence only. Special leave granted. Arguments heard.

2. The appellants are two brothers and the landlords of a house. They have both been convicted by the IIIrd Additional Sessions Judge, Arrah for having committed an offence punishable under S. 307 read with S. 34 of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for three years. The learned Sessions Judge and the High Court have accepted the testimony of Mst. Janki Devi, P.W. 4, her grandson Rajesh, P.W. 3 and the two neighbours Bhagirath Mistri, P.W. 1 and Rajendra Mahato, P.W. 2 who reached the spot on hearing the alarm and have found that the prosecution has established the charge beyond all reasonable doubt. The testimony of the prosecution witnesses shows that on the morning in question while the complainant was warming herself in the angan of her house and her grandson was playing nearby, the appellants started abusing her from their kotha and threatened that she would be shot if she did not vacate the house. On her refusal they opened five rounds of fire from their guns. The complainant Smt. Janki Devi fled f