- (1.) The appellants in these appeals and three others were tried in Sessions Trial Case No. XXVII of March 1987 by the Additional Sessions Judge, Midnapore for offences punishable under Sections 148, 324/149 and 304 part I/149 of the Indian Penal Code. The learned Additional Sessions Judge, as per his judgment dated 26th September, 1989 convicted the accused persons under Sections 148 and 304 part I read with Section 149 and as well as under Section 324/149, IPC and sentenced them to suffer rigorous imprisonment for ten years each under Section 304 part I read with Section 149, IPC only. No separate sentence has been awarded for the proven charges under Sections 148 and 324/149 of the IPC. The appellants herein preferred appeals before the High Court at Calcutta. A Division Bench of the High Court, as per its judgment dated 21st April, 2005 dismissed the appeal of the appellants.
(2.) Against the said judgment of the High Court, the appellants have preferred the above noted three criminal appeals.
(3.) Brief facts necessary for disposal of these appeals are as follows: According to prosecution case, on 31st March, 1986, the appellants have formed themselves into an unlawful assembly and being armed with deadly weapons like bhojali, sword, tangi and lathi etc. had been at Rajagram Kharida T.O.P. under Kharagpur (town) P.S. and all of them being members of such unlawful assembly, voluntarily caused hurt with a sharp cutting weapon and injured Kalyan Seth (PW 2) and also assaulted Subrata Ghosh (deceased) with deadly weapons and as a result of such assault, the said Subrata Ghosh succumbed to his injuries.;