( 1 ) THE appellants challenge in this appeal the judgment by the learned additional Sessions Judge, Alipore convicting the accused for an offence under Section 364 read with Section 34 I. P. C. and sentencing them to suffer rigorous imprisonment for seven years and also to pay 4 fine of rs. 1000/- each. Initially all the accused persons were also charged for the offence under Section 302 I. P. C. However, the trial Court has not convicted them for an offence under Section 302 I. P. C. though there is no clear order of their acquittal anywhere in the judgment. It is only to be presumed from the judgment that all the accused have been acquitted of the offence under section 302 I. P. C.

( 2 ) SHORTLY stated the prosecution case was that the accused persons used to run a distillery at a village called Buita (perhaps illegally) and one sannyashi Singh used to work with them at a monthly salary of Rs. 150/ -. That there was some dispute on account of the arrears of wages of sannyashi Singh as he was not paid the same. He is therefore alleged to have broken some pitchers containing molasses and therefore on the day earlier to the fateful day at about 9-30 p. m.