- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court dismissing the appeal filed by the appellants questioning their conviction for the offence punishable under Sections 304 Part II read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ). Appellants 1 to 4 before the High Court were sentenced to suffer RI for 8 years and to pay a fine of Rs.1,000/- each with default stipulation. Appellants 1, 2 and 5 before the High Court were also convicted under Section 323 read with Section 149 and sentenced to undergo imprisonment for six months and to pay a fine of Rs.200/- each with default stipulation. Appellants 1, 2 and 5 before the High Court are appellants 1, 2 and 3 respectively in this appeal.
(3.) Background facts in a nutshell are as follows:;