( 1 ) FIVE appellants were tried by the learned Sessions Judge, Howrah, with the help of a Jury and sentenced to various terms of imprisonment on a finding of guilty under Section 304 (II) and Section 148 I. P. C. so far as the appellant Lalu alias Baliram, alias Sewji Kurmi alias Khatik is concerned, under Section 304 (II)/149 and Section 148 I. P. C. as regards appellants Dinantb Goala and Sankar Kurmi alias Nata, and under Section 304 (11) read with Section 149 as also under Section 147 I. P. C. in regard to appellants Ramabatar Singh and Shyamlal Singh.

( 2 ) WITHOUT a Jury the learned Sessions Judge further tried the five appellants of whom Ramabatar Singh and Shyamlal Singh were acquitted and appellants Lalu and Sankar Kurmi alias Nata were convicted under Sections 3 and 5 of the Explosive Substances Act and were sentenced to rigorous imprisonment for three years on each count, the sentences running concurrently, and appellant Dinanath alias Dina was convicted under Sections 4 (a) and 5 of the Explosive Substances Act and was sentenced to rigorous imprisonment for three years on each count, the sentences running concurrently.

( 3 ) THE prosecution case, br