JUDGMENT

There are two appellants. They along with two others were tried for offences punishable under Sections 302 and 325 in the alternative under Section 304 read with Section 34 and Section 325 read with Section 34, I.P.C. There are two injured witnesses P.Ws. 1 and 9. The accused also suffered serious injuries. Taking these aspects into consideration the Sessions Court held that the accused had the right of self-defence and accordingly acquitted them. The State preferred an appeal and the High Court negatived the plea of self-defence and held that the blows inflicted by them resulted ultimately in the death of the deceased. However, they had only knowledge that beating was likely to cause the death, in that view of the matter the High Court convicted both these appellants under Section 304, Part II, I.P.C. and sentenced each of them to undergo five years R.I. and they are further convicted under Section 325 read with Section 34 and sentenced to two years R.I. for causing the injuries to P.Ws.

2. In this appeal the learned Counsel for the appellants submits that the prosecution has not explained the injuries found on the accused and the prosecution party were the aggressors and,