JUDGMENT :

ANIRUDDHA BOSE, J.

1. Both these appeals are directed against a judgment of conviction delivered by a Division Bench of the High Court at Calcutta on 5th February, 2009 finding the appellants guilty of offences under Part-I of Section 304 read with Section 149 of the Indian Penal Code as also under Section 148 thereof. The appellants in the Criminal Appeal No.1431 of 2013 are Dilip Shaw @ Sanatan and Uttam Shaw. In Criminal Appeal No. 1430/2013, there are three appellants, Paresh Shaw @ Parash, Gopal Prosad Sarkar @ Phatik and Mohd. Kayum Khan. Paresh and Gopal have been found guilty, in addition to the aforesaid provisions of the Code, under Section 9-B (2) of the Explosives Act, 1884. The Division Bench reversed the judgment of acquittal passed on 29th April, 1987 by the Additional Sessions Judge, First Court, Howrah in Sessions Trial Case No. XXI (4) of 1985. The appellants have been sentenced to undergo rigorous imprisonment for 10 years and pay fine of Rs. 5000/- each. In default of payment of fine, they have been directed to suffer further rigorous imprisonment for a period of one year in the judgment under appeal. The High Court did not award any sentence for offenc