JUDGMENT

Mrs. Indu Prabha Singh, J.—All the three applicants have been convicted under Section 304, Part II read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each.

2. Prosecution case, in short, is that Sairun Nisha, informant of the case lodged fardbeyan on 21.01.1986 at 6 p.m. in the Sadar Hospital, Purnea that ten days ago her husband came back from Dagurua Hat after purchasing rice and pulse after Sun set. She was sitting at her darwaza. The husband of the informant went inside the angan. Behind him accused Nazam. Sayyad, Mahmood and Rakib came over there armed with lathi and bhala. They began to assault Riyazuddin as a result of which he fell down and raised alarm. The informant rushed over there and laid herself upon the body of her husband with a view to save him whereupon accused Sayyad assaulted her by means of lathi. Witnesses of the village assembled over there and the accused persons took to their heels. The informant took her husband before the sarpanch of Bardaha Gram Panchayat where the case was lodged. The sarpanch forwarded the injured to Mahamadia Ichalo Govt. Hospital for treatment. The husband of the inf