BHABESH SAIN & ANR Vs. STATE

JUDGEMENT

(1.) This appeal on behalf of the two appellants Bhabesh Sain and Santosh Boot is directed against the Judgment and Order dated December 6, 1991 passed by learned Additional Sessions Judge, Durgapur, Burdwan, in Sessions Trial No. 19 of 1991 corresponding to Sessions Case No. 13 of 1990 convicting both the appellants under Section 304 Part-I read with Section 34 of the I.P.C. and sentencing each of them thereunder to R.I. for 8 years and to pay a fine of Rs. 1,000/-, i.d, to suffer R.I. for a further period of 6 months.

(2.) Both the appellants were placed on trial before the learned Judge on the charge that on 17.5.89, at about 22.00 hrs. at Pursha Market, they caused the death of one Hiralal Bauri with common intention of causing such bodily injury as was likely to cause death or with their common knowledge that their act was likely to cause death and thereby committed an offence of culpable homicide not amounting to murder punishable under Section 304 Part-1 read with Section 34 I.P.C.

(3.) Prosecution examined 17 witnesses to prove the charge against the appellants.