I.A. Ansari, J.

1. By the impugned judgment and order, dated 15.7.1999, passed, in Sessions Case No. 02/1999, by the learned Sessions Judge, Morigaon, while the accused-Appellant No. 1, namely, Iman Ali, stands convicted under Section 304 Part-II IPC, the accused-Appellant Nos. 2 and 3, namely, Omar Ali and Mosab Ali respectively, stand convicted under Section 323 IPC and the accused-Appellant No. 4, namely, Mustt. Milajan Begum, stands convicted under Section 109 read with Section 323 IPC. While the accused-Appellant No. 1, Iman Ali, has been sentenced to undergo rigorous imprisonment for 6 (six) years and pay fine of Rs. 2,000.00 and, in default, suffer rigorous imprisonment for a further period of one month, the accused-Appellant Nos. 2, 3 and 4, namely, Omar Ali, Mosab Ali and Mustt. Milajan Begum respectively, stand sentenced to undergo rigorous imprisonment for 6 (six) months.

2. The case against the accused-Appellants, as unveiled at the trial, may, in brief, be described thus: On 10.1.1998, at about 7 a.m., on noticing accused Iman Ali cutting earth from the path, which passes by the side of the boundary of Taleb Ali's homestead, when Taleb Ali objected to the cutting