( 1 ) THIS Rule is against the order of conviction of the Sessions Judge of Midnapere dismissing the appeal preferred by the two petitioners but allowing a portion of it by setting aside the conviction of petitioner No. 1 Purna Chandra Khandra under one count of Section 323, I. P. C.

( 2 ) THE petitioners were tried by the Assistant Sessions Judge, Midnapore and a jury on charges under Sections 304 and 323 I. P. C. By a majority verdict the petitioners were found guilty. So far as the charge under Section 304 I. P. C. was concerned the jury found petitioner No. 1 guilty and on the other charge under Section 323 I. P. C. , also he was found guilty. Petitioner No. 2 Harihar was on the charge under Section 304 I. P. C. found guilty of an offence under Section 325 I. P. C. and he was found guilty on the charge under Section 323 I. P. C. Petitioner No. 1 was sentenced to rigorous imprisonment for six months on each of the charges on which he was found guilty and the sentences were directed to run concurrently. Petitioner No. 2 on being found guilty under Section 325 1. P. C. was sentenced to rigorous imprisonment for two and a half years. He was also sentenced under Sect