JUDGMENT

K. JAYACHANDRA REDDY, J.:- The two appellants Phani Bhusan Das and Kanai Bag (original accused Nos. 1 and 13 respectively) were tried along with 15 others by the learned Assistant Sessions Judge, Midnapore under Sections 148, 323 149, 325 / 149 and 304, Part II / 149, I.P.C. The learned Assistant Sessions Judge acquitted one and convicted the other 16 persons including the appellants under Ss. 148, 323 / 149 and 304, Part II/149, I.P.C. Under the last count, the two appellants were sentenced to undergo R.I. for seven years and other accused were sentenced to lesser terms of imprisonments. All of them were also convicted under Sections 148 and 323 / 149, I.P.C. and sentenced to lesser terms of imprisonments. All the convicted accused preferred an appeal to the Sessions Court and the appeal was allowed. Aggrieved thereby the de facto complainant moved the High Court in revision and the High Court set aside the order of acquittal and directed the rehearing of the appeal on merits by the Sessions Court. After the remand the appeal was reheard and the then Additional Sessions Judge confirmed the conviction of the 16 accused persons under Sections 148 and 323/149, I.P.C., as awa