JUDGMENT

NATARAJAN, J. :— This appeal by special leave by the State of Assam is directed against the judgment of the Gauhati High Court allowing the appeal filed by the respondents herein and setting aside their convictions by the Sessions Judge under S. 302 read with S. 149, I.P.C. and S. 304 read with S. 149, I.P.C. and the sentences awarded therefor.

2. The respondents came to be convicted by the Sessions Judge for having caused the death of one Majibur Rahaman and his father Dhansa Sheikh in the following circumstances. On 1-11-70, Dhansa Sheikh (father) and .Majibur Rahman (son) were harvesting the paddy crop in a paddy field at village Katabari. At about 9.00 a.m. the respondents along With 20 or30 others went to the paddy field in question and attacked Dhansa Sheikh and Majibur Rahman with weapons such as daggers, lathis etc. Majibur Rahman died at the scene itself within a short time after the attack. However Dhansa Sheikh survived for some days and died at the hospital on 11-11-1970 in spite of treatment being given to him. After the incident had taken place the family members and some of the villagers took Dhansa Sheikh and the dead body of Majibu Rahman to the house of Dh