B. C. Chakrabarti, J. :- This is an appeal against an order of conviction and sentence passed by the learned Additional Sessions Judge, Bankura, in Sessions Case No.2 of June, 1979. All the 4 appellants stood charged under Sections 447, 323 and 304, Part I of the Penal Code. All of them were found guilty under Section 304, Part II, I.P.C. Appellants Madan Laha, Panchanan Laha and Thakurdas Santal alias Hansda were sentenced to suffer R.I. for 7 years each while the appellant Jugal Kishore was sentenced to suffer R.I. for 3 years. All the 4 appellants were also found guilty under Sections 447 and 323, I.P.C. and sentenced to suffer R.I. for 3 months and 6 months each, respectively.

2. The prosecution case in brief is as follows :

Plots Nos.34 and 75 of Mouza Kankra sole, P.S. Raipur belonged to the informant, Anjan Kumar Nad and his brothers. They had grown paddy on the lands in the relevant year. On the morning of 29-11-1978 Niranjan Nad (P.W.3) found the accused persons being armed with lathis and axe engaged in harvesting the crop grown by the Nad brothers. Niranjan reported the matter to Anjan (P.W.1), Angsu (P.W.2) and Tarini (since deceased) who thereupon went to Raipur