Decided on January 17,1961

STATE Respondents


Debabrata Mookerjee, J. - (1.) The two appellants, Nidhan Misra and Sudasan Misra who are brothers have been convicted on a jury's unanimous verdict for murder and each sentenced to imprisonment for life.
(2.) The case for the prosecution briefly stated was that there was a quarrel between the appellants their brothers, Kusadhaj and one Banamali on the one hand and Dandahar, the deceased man on the other. It is unnecessary to set out the details of that quarrel. There was definite unpleasantness on the 20th October, 1958 between them, but the parties were separated. The quarrel was revived the next day when it is said that the two appellants and the aforesaid Kusadhaj and Bonamali engaged in an attack on the deceased, which ended his life. The allegation is that after the first phase of the quarrel the parties were separated, when Banamali called in the deceased and the two appellants, Nidhan and Sudarshan approached with spears from different directions and struck him, one of them striking on the chest and the other on the back. Each of the appellants was said to have been responsible for an injury which by itself was considered sufficient in the ordinary course of nature to cause death. Before the injured person could be removed to hospital, he succumbed to his wounds. An information was lodged which resulted in investigation and eventual charge sheet against the appellants and aforesaid Banamali and Kusadhaj.
(3.) After the usual preliminary enquiry the appellants and their co-accused were committed to lake their trial before the Court of Session upon a charge of murdering Dandahar.;

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