Palok Basu, J. - (1.) This appeal has been filed by Raj Kishore and Jang Bahadur against their convictions under Sections 307/34 and 307 I.P.C. respectively and the sentence of 7 years R.I. and a fine of Rs. 500/- in so far as Jang Bahadur is concerned and 4 years' R.I. under Section 307/34 I.P.C. in so far as appellant Raj Kishore is concerned. It may be remembered that Jang Bahadur is the son of Raj Kishore.
(2.) The charge against the appellants was that they along with Sheo Pujan, Raghpati and Ram Sakai formed an unlawful assembly on 20.10.70 at about 7.00 a.m. with the object to cause death of Basdeo and cause hurt to Moti Lal and in furtherance of the said common object they, in fact, caused injuries to Moti Lal and Basdeo. The injury of Basdeo was said to be grievous and therefore, a charge under Section 307/149, I.P.C. was framed against all the five accused and since the injury of Moti Lal was simple a charge under Sections 323/149, I.P.C. was framed against all the appellants. Besides, all the applicants were charged under Section 147, I.P.C.
(3.) After consideration of the evidence the Trial Judge has acquitted three persons, namely, Sheopujan, Raghupati and Ram Sakai. As stated above, he has recorded conviction only in so far as the two appellants are concerned.;