IMPORTANT POINT
Applicability and ingredients re-stated.

JUDGMENT

B. Sudershan Reddy, J. —

1. The appellants in these appeals and three others were tried in Sessions Trial Case No. XXVII of March 1987 by the Additional Sessions Judge, Midnapore for offences punishable under Sections 148, 324/149 and 304 part I/149 of the Indian Penal Code. The learned Additional Sessions Judge, as per his judgment dated 26th September, 1989 convicted the accused persons under Sections 148 and 304 part I read with Section 149 and as well as under Section 324/149, IPC and sentenced them to suffer rigorous imprisonment for ten years each under Section 304 part I read with Section 149, IPC only. No separate sentence has been awarded for the proven charges under Sections 148 and 324/149 of the IPC. The appellants herein preferred appeals before the High Court at Calcutta. A Division Bench of the High Court, as per its judgment dated 21st April, 2005 dismissed the appeal of the appellants.

2. Against the said judgment of the High Court, the appellants have preferred the above noted three criminal appeals.

3. Brief facts necessary for disposal of these appeals are as follows:

According to prosecution case, on 31st March, 1986, the appellants have formed themselves into an unlawful assembly and being armed with deadly weapons like bhojali, sword, tangi and lathi etc. had been at Rajagram Kharida T.O.P. under Kharagpur (town) P.S. and all of them being members of such unlawful assembly, voluntarily caused hurt with a sharp cutting weapon and injured Kalyan Seth (PW 2) and also assaulted Subrata Ghosh (deceased) with deadly weapons and as a result of such assault, the said Subrata Ghosh succumbed to his injuries.

4. The police officer of Kharagpur (town) P.S. having received the information over telephone, made a G.D. entry and rushed to the place of occurrence where he met Suphala Sau (PW 1) who narrated about the incident which was reduced into writing at about 11.35 p.m. on 31st March, 1986. The injured Kalyan Seth (PW 2) was taken to the hospital by the local residents at about 11.00 p.m. on 31st March, 1986 and was treated by Dr. Subrata Jana (PW 7). The First Information Report (FIR) was despatched from police station on 1st April, 1986 at about 10.00 a.m.

5. The Investigating Officer recovered the body of the injured Subrata Ghosh and sent to nearby hospital for immediate medical treatment where he died. The Investigating Officer conducted inquest over the dead body of the deceased and witnesses were examined in connection with the case. The I.O. completed the formalities and made charge sheet against 18 persons including one Rabin Dangua and Sibu Borua who died before the commencement of sessions trial.

6. The prosecution altogether examined ten witnesses including parents of the deceased victim Subrata Ghosh and the injured person Kalyan Seth (PW 2). Dr. Madanmohan Das (PW 6) is the Medical Officer who conducted post-mortem of the deceased.

7. The trial Court upon appreciation of the evidence on record, came to the conclusion that all the appellants were members of the unlawful assembly and were present at the place of occurrence armed with deadly weapons with the object of rioting and in the process, attacked and assaulted Subrata Ghosh (deceased) causing multiple injuries resulting in his death. The trial Court also came to the conclusion that Kalyan Seth (PW 2) also received injuries from the appellants who formed themselves into unlawful assembly. The trial Court accordingly found all the appellants guilty for the offences punishable under Sections 148, 324/149 and 304 part I/149, IPC and accordingly sentenced them as noted hereinabove.

8. The High Court, upon reappreciation of the evidence available on record, concurred with the findings and conclusions reached by the trial Court and accordingly dismissed the appeal.

9. We have heard Shri Pradip Kumar Ghosh, learned senior counsel on behalf of the appellants and as well as M/S Rauf Rahim and Rakesh Garg, learned counsel for the appellants in the