ABULHOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 29th may, 1992, passed by the learned Additional District and Sessions Judge, raiganj, Uttar Dinajpur, in Sessions Trial No. 4 of 1992 arising out of sessions Case No. 65 of 1990 convicting the accused Abul Hossain, akimuddin, Abdur Rahaman Mia, Soleman Mia and Samsuddin @ Kalu under Sections 147, 324 read with Section 149, 325 read with Section 149 and under Section 304 Part II read with Section 149 of the Indian Penal code. By an order dated 30th May, 1992, the learned Trial Judge sentenced each of the aforesaid convicts to rigorous imprisonment for eight years for the offence punishable under Section 304 Part II of the Indian Penal Code; rigorous imprisonment for two years for the offence punishable under Section 147; rigorous imprisonment for three years for the offence punishable under section 324 read with Section 149 of the Indian Penal Code; rigorous imprisonment for three years and to pay fine of Rs. 500/- each, in default to suffer R. I. for six months each for the offence punishable under Section 325 read with Section 149 of the Indian Penal Code. All the sentences were, however, directed to run concurrently.

(2.) THE facts and circumstances of the case briefly stated are as follows :

(3.) MR. De, learned senior Advocate, appearing in support of the appeal, has advanced the following submissions :