SANKAR BHATTACHARYYA, J. - (1.) Hari Patbandha alias Malu, Subhash Dhal alias Neta Purna Chandra Patbandha, Haribandhu Thayal, Pratap Patbandha and Sk. Subrati, the six appellants before us, were tried by a learned Additional Sessions Judge, Midnapore, on the following charges : - "First that you along with 2/3 others on or about 8-10-82 corresponding to 21st Aswin, 1387 B.S. at Gameria Mouja, P.S. Nayagram, were members of an unlawful assembly and did, in prosecution of the common object of such assembly, viz., show of criminal force, to commit murder etc. committed the offence of rioting and at that time were armed with deadly weapons to wit, tabla, tangi, lathi etc. and thereby committed an offence punishable under S.148, I.P.C. Secondly, that you on or about the same day and same place were members of an unlawful assembly and in prosecution of the common object some of the members of the said assembly did commit murder by intentionally causing the death of Sristhidhar Bera, which offence you knew to be likely to be committed in prosecution of the common object of the said assembly and thereby committed an offence punishable under S.302/149, I.P.C."
(2.) They, along with 5 others, were also charged under S.120-B, Indian P. C. for entering into a criminal conspiracy to commit murder of Sristhidhar Bera in pursuance of which, the murder was committed.
(3.) On conclusion of the trial the learned Additional Sessions Judge, while acquitting all the accused under ss.120- B and 148, Indian P.C., convicted the aforenamed six appellants under S.302/149, I.P.C. and for such conviction, sentenced each of them to imprisonment for life and to a fine of Rs.5,000/-, in default to rigorous imprisonment for six months more. The above order of conviction and sentence is the subject matter of challenge in the instant appeal.;