JUDGMENT :-

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Guwahati High Court, dismissing the appeals so far as appellants are concerned while directing acquittal of some of the co-accused persons. Eighteen persons faced trial out of which nine were acquitted by the trial Court and the High Court. One of the accused persons died during the trial and seven accused persons, the present appellants were convicted for offence punishable under Sections 147, 448 and 323 of Indian Penal Code, 1860 (in short the `IPC) and were sentenced to undergo rigorous imprisonment for one year, six months and 3 months respectively.

3. Prosecution version in a nutshell is as follows:

On 30.7.1990 Md. Nazir Ahmed, Assistant Teacher of Ambari H.E. School lodged an Ejahar, Ext. 1, with the Officer-in-charge, Murajhar Police Station, on the allegations that on the same day at about 10 a.m. in the forenoon, the accused persons committed criminal trespass into the school and tried to give lesson in the classes and some outsider accused persons being armed with iron-rod, spear, lathi and fire-arm gheraoed the school and when the accused