Joymalya Bagchi, J.

1. Report is filed on behalf of the State wherefrom it appears that the counter case registered at the behest of the appellants had ended in acquittal. Report is kept with the record.

2. The present appeal is directed against the judgement and order dated 23.6.1987 passed by the learned Additional Sessions Judge, Midnapore in Sessions Trial Case No. VII/October/1985 convicting the appellants for commission of offences punishable under Sections 304 Part II/148, 324/149, 379/149 and 149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years for the offences punishable under Section 148, 324/149 and 379/149 of the Indian Penal Code respectively and to suffer rigorous imprisonment for four years for the commission of offence punishable under Section 304 Part II/149 of the Indian Penal Code. All the sentences to run concurrently.

3. Prosecution case, as alleged, against the appellants is to the effect that on 31.7.1983 at about 1.30 P.M. Prafulla Mahato received an information that fishes were being caught under the leadership of Manoranjan Mahato and others from his pond at Uttara Mouza. The miscreants were armed with bows,