JUDGMENT

C.C. Ghose, J. - The appellants in this appeal are four persons named Durlav Namasudra, Kolo Namasudra, Kama Namasudra and Abhoy Namasudra. They were charged with having committed offences punishable under Sections 302 and 201. I. P.C. The jury found them not guilty on the charge u/s 302, I. P.C. and the learned Judge agreeing with and accepting this verdict of the jury acquitted them of that offence. The jury however by a majority of 5 to 4 were of opinion that the present appellants were guilty u/s 201, I. P.C. The learned Judge accepted the verdict of the jury as regards this and sentenced each of them to undergo rigorous imprisonment for a period of three years. One of the points taken in this appeal is that the jury having acquitted the appellants of the offence u/s 302, I. P.C. were not competent to find them guilty u/s 201, I. P.C.; in other words, the contention is that the jury having acquitted the appellants under the major charge were not entitled to convict them under the minor charge. Now, as regards this point the matter seems to be concluded by authority. First of all there is the case of AIR 1925 130 (Privy Council) where the facts were as follows: Five pers