Judgment

Sema, J.—The two appellants, Abani Kumar Debnath (A-1) and Amar Debnath (A-5), father and son were put to trial along with other four accused for the offence punishable under Sections 148/302/149/325/149 IPC. In the course of investigation one accused died and, therefore, only five accused were charge-sheeted under the aforesaid sections of law. The trial court after conclusion of the trial acquitted three accused and convicted the appellants under Section 302/34 IPC and sentenced them to suffer imprisonment for life and a fine of Rs. 1,000/-; in default six months RI. The appellants were also convicted under Section 323 IPC and sentenced to one year R.I. The sentences are, however, ordered to be run concurrently. On appeal being preferred by the appellants, the High Court has affirmed conviction and sentences passed by the learned Sessions Judge. Aggrieved thereby this appeal has been preferred by special leave.

2. We have heard the learned counsel for the parties at length. In view of the order that we propose to pass it may not be necessary to recite the entire facts of the prosecution case leading to the conviction. Suffice it to say that a genesis of the prosecution sto