- (1.)THIS is an appeal preferred by Brandaban against his conviction by the learned Sessions Judge, Behind, under part 1, Section 304, Penal Code, and a sentence of three years' rigorous imprisonment.
(2.)RAM Prasad and Brandaban were committed to Sessions under Section 302 and Section 324, Penal Code. The Sessions Judge held that an offence under Section 324 was not established against either accused. He also held that guilt under Section 302, Penal Code was not established against Ram Prasad and he acquitted him. Brandaban was convicted as aforesaid. The State has preferred a revision for enhancement of sentence of Brandaban. I have heard both the appeal and the revision and this judgment will dispose of both of them.
(3.)ON behalf of the appellant many legal points and points of facts have been raised. I however think that the law-points raised by Mr. Inamdar are important and strike at the very foundation of the case. I therefore take these points first.
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