SHYAMSHER BISWAS Vs. STATE

JUDGEMENT

(1.) This is an appeal against an order of conviction dated January 18, 1965, in S.I. No. 1 of January 1969, passed by the Additional Judge, Murshidabad, by which the two Appellants Shyamsher Biswas and Naimuddin alias Naimuddin Shaikh were convicted under Sec. 304 pt. II/34, Indian Penal Code and sentenced to 4 years rigorous imprisonment.

(2.) The Court is informed that one of the Appellant Shyamsher Biswas had died during the pendency of this appeal. It may be recorded that the appeal has abated so far as the said Appellant Shyamsher Biswas is concerned.

(3.) It appears that Shyamsher Biswas, father of other Appellant Naimuddin, along with 12 others were tried by the learned Additional Sessions Judge. All of them were charged under Ss. 302/149, 148 and 447, Indian Penal Code. Shyamsher Biswas and Naimuddin were also charged under Ss. 302/34, Indian Penal Code and two accused Dasu and Dukhu were charged under Sec. 323, Indian Penal Code. The learned Judge convicted Shyamsher Biswas and Naimuddin of the offence under Sec. 304, pt. 11/34, Indian Penal Code, but acquitted the accused persons of all the other charges.