JUDGMENT

The instant appeal has been preferred against the judgment and order passed by the Learned Sessions Judge, 3rd Court Medinipur on 26.08.1987 in Session Trial Case No. (v) of January 1986 arising out GR Case No. 744 of 1983 thereby convicting the appellant to undergo rigorous imprisonment for one year for offence punishable u/s 148 of IPC and also to suffer rigorous imprisonment for 5 years for his offence punishable u/s 304 part 2/149 of IPC; both sentences are ordered to run concurrently.

In a nutshell the prosecution case is that the land owners of village Dherchhara were having some problem over procurement of local agricultural labours as this labours were instigated by the local CPI(M) followers not to serve at the prevailing rate of Rs. 5.00 per day. At this the land owners stopped engaging the local labours and started cultivating themselves or by way of appointing outside labours. This enraged the CPI(M) followers to protest against this and decided to loot the paddy cultivated by those land owners. On 20.11.1983 the CPI(M) followers took out a very big procession in that area and the processionists were armed with bow and arrow e.t.c. The processionsits came to the