ABDUL BARI 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 Sections 148,307/149 and in the alternative 307/34, Indian Penal Code. All the accused persons were acquitted of the charge under Section 148, Indian Penal Code and 307/ 149, Indian Penal Code. Five of the accused barring the present 4 petitioners were acquitted of the other charge as well. The petitioners were found guilty under Sections 307/34 Indian Penal Code 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. It was further directed that SO% of the fine, if realised, should go to the injured Lal Mohammad (P. W. 4) as compensation.

(3.) The petitioners preferred an appeal and the learned appellate court while affirming the conviction under Sections 307/34, Indian Penal Code reduced-the sentence to rigorous 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.