JUDGMENT

Arijit Pasayat, J.-The appellant along with seven others faced trial for alleged commission of offence punishable under Sections 147, 302 and 323 of the Indian Penal Code, 1860 (for short the IPC ). The appellant was found guilty of offence punishable under Sections 147 and 302 IPC. Other seven persons were found guilty for offences punishable under Sections 147, 302 read with 149 IPC. Accused Mangilal, Durilal, Bhagatram and Ganpat were also found guilty of offence punishable under Section 323. All were also found guilty of offence punishable under Sections 147 and 302 read with Section 149 IPC. The appellant was sentenced to undergo imprisonment for life with several other custodial sentences. In appeal, one Ganpat whose name did not appear in the first information report was acquitted. All other except appellant-Shriram were convicted under Sections 304 Part II IPC and 323 read with 149 IPC and others were convicted under Section 323 read and 149 IPC but were acquitted of the offence punishable under Section 302 read with Section 149 IPC. Custodial sentence of five years was imposed on the appellant-Shriram with fine of Rs. 5000/- with default stipulation. Because of pa