1. Four accused appellants namely Jagananda Barman, Pushpadhar Sinha, Badal Chowdhury and Subal Chowdhury were charged by the learned Sessions Judge, Dhubri in Sessions Case No. 118(D) of 1984 under Sections 147/436/149 IPC. The learned Court found all the accused persons guilty and convicted them accordingly. All the accused persons were sentenced to rigorous imprisonment of five years and fine of Rs. 500/- each under Section 4361 149 IPC and rigorous imprisonment of one year under Section 147 IPC Hence this appeal.

2. On 9-4-83 at about 3 p.m. Officer-in-Charge of Chapor Police Station filed the first information report stating that on 8-4-83 at about 8 p.m. a mob forming an unlawful assembly with deadly weapons attacked the village Charuabakhara and set fire to the houses of villagers and as a result 65 houses were gutted by fire. In the first information report the names of accused or the witnesses were not mentioned. O.C. himself took up investigation and submitted charge sheet.

3. The O.C. was examined by the learned trial Court as PW-6 and Mr. Mazumdar had drawn my attention to his statement that at that time the Assam agitation was going on and setting fire to house