JUDGMENT

1. The eleven appellants before us and two others were tried before the learned Additional Sessions Judge of Sylhet and a Jury on various charges arising out of a riot in the course of which one Kabir Ulla was killed. The first appellant Nayan Ulla was charged with offences of rioting, rioting armed with a deadly weapon and with culpable homicide not amounting to murder by causing the death of Kabir Ulla. The 11th appellant Kedar Nath Chowdhury was charged with the offence of commuting riot and for being liable for culpable homicide committed by Nayan Ullah under the provisions of Section 149, Indian Penal Code, and also for being liable for the same culpable homicide by reason of the provisions of Section 150 of the Code. The other accused were charged with rioting and also for being liable for the culpable homicide committed by a member of that unlawful 'assembly by reason of Section 149, Indian Penal Code. Two of the accused were acquitted. Nayan Ullah was convicted on the unanimous verdict of the Jury of rioting punishable u/s 147, Indian Penal Code, and (also of being constructively liable for culpable homicide under the provisions of Section 149, Indian Penal Code; th