From the place of injury I do not find the intention of the appellants to commit murder. Had there been any such intention to commit offence within the meaning of Section 300 of the I.P.C., the appellants had ample opportunity to land a blow on any vital part of the victim. There is no doubt that Doctor has given opinion that such type of injury, due to loss of blood, would have resulted into loss of life but in my opinion the accused persons should have been convicted for committing offence within the meaning of Section 326 of the I.P.C. as well, Thus I am inclined to modify the impugned judgment. The appellants Satya Ghosh, Ganapati Ghosh, Bhutu Ghosh, Ghoton Ghosh and Sripati Ghosh are found guilty in committing offence within the meaning of Sections 326/34 of the I.P.C. and ends of justice would be met if they are sentenced to undergo Rigorous Imprisonment of seven years. Since the victim has lost his ability to work in order to earn bread for the family because of the act on the part of the appellants, invoking the provision of Sub-section 3 of Section 357 of the Cr.P.C. I am directing the appellants to pay compensation to the tune of Rs.2,00,000/- each aggregating to Rs.10,00,000/- to the victim within a period of six months, failing which they have to undergo further imprisonment for five years.
