ABDUL BARS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application is directed against an appellate order passed by the learned Additional Sessions Judge, Murshidabad in Criminal Appeal No, 61 of 1980 affirming the order of conviction and sentence passed by the learned Assistant Sessions Judge, Murshidabad in Sessions Trial No. 2 of 1980.

(2.) NINE persons faced trial before the learned Assistant Sessions Judge on 3 counts of charges under Sees. 148, 307/149 and in the alternative 307/34 i. P. C. All the accused persons were acquitted of the charge under Sec. 148 i. P. C. and 307/149 I. P. C. Five of the accused barring the present 4 petitioners were acquitted of the other charge as well. The petitioners were found guilty under Sec. 307/34 I. P. C. and sentenced to suffer R. I. for 6 years each and also to pay a fine of Rs. 2,000/- each, in default to suffer R. I. for one year more. Ht was further directed that 50% of the fine, if realised, should go to the injured lai Mohammad (P. W. 4) as compensation.

(3.) THE petitioners preferred an appeal and the learned appellate court while affirming the conviction under Sec. 307/34 I. P. C. reduced the, sentence to uigorous imprisonment for 4 years each and a fine of Rs. 700/-, in default to R. I. for 4 months each. Being aggrieved the petitioners have obtained the present rule.