(1.) The four petitioners in this case were tried by a jury in the Court of the Assistant Sessions Judge of Khulna, on charges under Secs.147, 301, read with Section 34 and Section 323 of the Indian Penal Code. The jury by a unanimous verdict found all the four accused men guilty under Section 147, second part of Section 304, and Section 323 of the Indian Penal Code; accepting that verdict the trial Judge sentenced the petitioner Alef Sheikh to rigorous,, imprisonment for two years, and the other three petitioners to rigorous imprisonment for one year each.
(2.) In appeal the learned Sessions Judge upheld the conviction under Section 304 of the petitioners Alef Sheikh and Abdul Rajak Sheikh and he set aside the conviction of Ismail Sheikh and Sabdu Sheikh under Section 301. He upheld the sentences of Alef and Abdul Rajak and reduced the sentence of Ismail and Sabdu to rigorous imprisonment for six months.
(3.) This Rule was issued on two grounds, namely (1) that the Court of Appeal below was wrong in convicting the petitioners Alef and Abdul Rajak under Section 304, read with Section 34 of the Indian Penal Code, and (2) that the Court of Appeal below should have held that the learned trial Judge misdirected the jurors while dealing with the charge under Section 117 of the Indian Penal Code.