Girish Chandra Gupta, J. - (1.) This appeal is directed against a judgment and order dated 4th January, 1991 passed by the learned Additional Sessions Judge, 5th Court, Midnapore in Sessions Trial No. XIV of March, 1987 arising out of Gopiballavpur P.S. Case No. 3 dated 9th October, 1983 (G.R. Case No. 645 of 1983) convicting the accused Hari Ram Mondal, Satis Mondal, Manick Mondal, Golok Mondal, Amar Mondal, Mihir Patra and Ganeswar Shyamal of the offences punishable under Sections 148, 324 read with Section 149 and Section 364 read with Section 149 of the Indian Penal Code and sentencing them to rigorous imprisonment for ten years as also to pay a fine of Rs. 1,000/- in default, to suffer further rigorous imprisonment for a period of six months in respect of the offence punishable under Sections 364/149; further sentencing them to rigorous imprisonment for a period of one year each for the offence punishable under Section 148 of the Indian Penal Code; still further sentencing them to rigorous imprisonment for one year each for the offence punishable under sections 324/149 IPC and acquitting them of the charge under Section 302 read with Section 149 of the Indian Penal Code.
(2.) Thirty-four accused persons were there. Out of them only the seven appellants were convicted and sentenced as indicated above and the rest of the accused persons were acquitted of all the charges.
(3.) The facts and circumstances of the case briefly stated are as follows:;