DURGA SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment and order of conviction and sentence passed by Shri S. C. Dutta, Additional Sessions Judge, Fifth Court, Midnapore in S.T. case No. II of May, 1983 convicting both the appellants under S. 302/34 I.P.C. and sentencing both to imprisonment for life and also to a fine of Rs. 500/- in default to R.I. for one month each.

(2.) The prosecution case was that the two appellants along with twelve other accused way laid one Banabehari Pal at about 10/11 a.m. on 16-7-81 when the present two appellants assaulted him with a spade and an axe and killed him almost instantaneously. All the fourteen accused stood their trial before the learned Additional Sessions Judge u/ss. 302/34 and 120-B, I.P.C. on the evidence adduced from the side of the prosecution the learned Judge found only the charge u/s. 302/34 I.P.C. established against only the present two appellants and he convicted and sentenced them in the manner stated above. Hence, this appeal.

(3.) It is urged from the side of the appellants that the evidence on record taken together with the medical evidence fell far short of establishing the prosecution allegation against the two appellants.