J.N.Hore, J. - (1.) All the II appellants were arraigned before the learned Additional Sessions Judge, Durgapur to answer the following charges: Firstly: That you on or about the 13th day of February 1982 corresponding to 1st Falgoon 1388 B.S. at the field on the North of B More and on the west of Carmel School (Phuljhore) P. S. N. T. S. Durgapur, District Burdwan were a member of an unlawful assembly, and did in prosecution of the common object of such assembly viz, in committing murder to Ashutosh Chakraborty, father of Shri Mohitosh Chakraborty of Phuljhore P.S.B.T.S. Durgapur, District Burdwan commit the offence of rioting with deadly weapons to wit with dao, iron rod etc. and thereby committed an offence punishable under Section 148 I.P.C. Secondly: That you on or about the same day and at the same place were a member of unlawful assembly and in prosecution of the common object of which viz, in committing murder to Ashutosh Chakraborty, father of Shri Mohitosh Chakraborty of Phuljhore P. 5. N. T. S. Durgapur, DistrictBurdwan, some of the members committed murder by intentional causing the death of said Asutosh Chakraborty and you are thereby under Section 149 I.P.C. guilty of causing the said murder, an offence punishable under Section 302 I P.C.
(2.) On completion of the trial, all the 11 appellants were found not guilty of both the charges and acquitted thereof. They were, however, found guilty of the offence punishable under Section 302, read with Section 34 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life. The appellants seek to assail the said order of conviction and sentence in this appeal.
(3.) Appellant Ramdas Roy who was a Child within the meaning of Section 2(d) of the West Bengal Children Act, 1959 was acquitted by us and the learned Sessions Judge, Burdwan was directed to get him tried in according with the provisions of the said Act by our order dated April 19, 1988 when the appeal was taken up for hearing so the appeal now proceeds in respect of the remaining 10 appellants only.;