This is an appeal directed against the judgement passed by the learned Sessions Judge, Panjim dated 31st December, 1968, whereby he convicted the appellants under S.304 Part II of the Penal Code and sentenced each of them to undergo one year's R. I. and a fine of Rs. 150 each and, in default of payment of fine, to undergo R. I. for 45 days. The learned Sessions Judge also directed that out of the fine paid, a sum of Rs. 600, may be paid to the mother of the deceased, Vittal Naik. The appellant felt aggrieved by this judgement and accordingly preferred this appeal. The State also moved this Court for enhancement of the sentence imposed on the appellants in accordance with the provisions of S.439(1) Criminal P.C.

2. Mr. Kolwalkar, learned counsel for the appellants, has taken me through the evidence of prosecution witnesses Govind Naik (P.W. 2), Mahadev Naik (P.W. 8), Krishna Naik (P.W. 4) and the medical evidence of Dr. Carlos M. Lopes (P.W. 5), Dr. Jose Sarto Menezes (P.W. 6) and Dr. Roberto Saude Dias (P.W. 7). A perusal of the judgement would show that the requirements of Ss.34 and 149 read with the provisions of S.304, Penal Code were not considered by the learned Sessio