JUDGMENT

K.S. Radhakrishnan, J.

1. The appellant, the 10th accused in Sessions Case No.20 of 1986, was charge-sheeted along with others for the offences punishable under Section 147, 148, 149, 323 and 302 of the Indian Penal Code and Section 25/27 of the Arms Act. The Trial Court, after appreciation of the oral and documentary evidence vide its judgment dated 22.4.1987 acquitted all the accused persons, except Accused No.3 Tarun Mondal, who was convicted for the offences punishable under Section148 and 302 of IPC for causing the murder of Amrita Dome and sentenced him to suffer imprisonment for life under Section 302 IPC.

2. The State of West Bengal, aggrieved by the order of acquittal, preferred G.A. No.22 of 1987 before the High Court of Calcutta. The High Court vide its judgment dated 28.11.2006 partly allowed the appeal and convicted the appellant along with four others, while maintaining the order of acquittal passed by the trial Court, in respect of rest of the accused persons. Tarun Mondal, 3rd accused, was further found guilty of the murder of Sultan Khan.

3. We are, in this case, concerned only with the appeal filed by Guiram Mondal, 10th accused. The prosecution case, in