JUDGMENT

Dua, J. :- Golam Majibuddin alias Majnu Mia and Mohd Siddique have appealed to this Court with special leave against their conviction under Section 302/34, Indian penal Code and sentence of imprisonment for life for the murder of Majidunisa mother of SK. Fazley Rahaman alias Batu of Narendrapur on November 28, 1962. The trial Court had convicted the present appellants along with one Maddassar under Section 302 and also under Sec. 120-B, Indian Penal Code for the aforesaid murder but the High Court convicted them all under Section 302/34, Indian Penal Code instead of Section 302, Indian Penal Code simpliciter and acquitted them of the charge under Section 120-B, Indian Penal Code. Maddassar has not appealed to this Court with the result that we are not concerned with his case. It may, however, be mentioned that he was also convicted under Section 411, Indian Penal Code for being in possession of a stolen cycle. This appeal was heard ex parate because the State of Bengal did not choose to be represented by a counsel in this Court. As the parties are closely related and the motive for the crime is stated to be some dispute relating to property, it is desirable to state their