Subhasis Talapatra, J.

1. As the appeals emerged from the same judgment of conviction and order of sentence dated 05.04.2005 as passed by the Assistant Sessions Judge, South Tripura, Udaipur in case No. S.T.77(ST/S)/2004 those are tied up for disposal by a common judgment and order. By the impugned judgments and orders, the appellants namely, Rabidhan Tripura (in Crl. A. 53 of 2005)/Chandan Tripura and Manik Bhowmik (in Crl.A. 24 of 2005) are sentenced to suffer R.I. for two years for the offence punishable under Section 148 of the Indian Penal Code, the IPC in short. Further the appellants namely, Chandan Tripura and Manik Bhowmik have been sentenced to suffer R.I. for 8 (eight) years and to pay a fine of Rs.5,000/-, in default of payment of fine each of the said appellants will have to suffer further R.I. for 5(five) months for the offence punishable under Section 333 of the IPC and to suffer R.I. for 8(eight) years and to pay a fine of Rs.5,000/-, in default of payment of fine, to suffer R.I. for 5(five) months for the offence punishable under Section 307 of the IPC read with Section 34 of the IPC. It has been directed that the sentence against the appellants (except Rabidhan Tripura) shall run concurrently and the period which the appellants were in the custody be set off therefrom. For appreciating the challenge as directed against the impugned judgment and order, the essential facts may briefly be noticed at the outset.

On 28.09.2002 at the instance of the Indian National Congress (the INC in short) and the Indigenous National Party of Twipra (the INPT in short) called a road blockade movement in different places of the State. As part of the said agitation at about 7 a.m. in the morning a mob of about 300 INPT/INC followers led by the appellants namely, Chandan Tripura and Manik Bhowmik proceeded towards the Block Office at Satchand and they were cordoned at the turning in front of the Tripura Gramin Bank. On that day, the prohibitory order under Section 144 of the Cr.P.C. was promulgated by the Sub-Divisional Magistrate (the SDM in short), Sabroom. The members of the said march blocked the road. The Officer-in-Charge of the Manubazar Police Station, the Sub- Divisional Police Officer, Sabroom and the Block Development Officer of Satchand Block with TSR and the Police personnel were there on duty to maintain the law and order. The police requested the leaders of the said gathering to clear the road and to surrender to the custody of the police but they declined to do so. At that time, the members of the said gathering were allegedly armed with lathi, bottles, brickbats and the fire arms. The said assembly attacked the police and the TSR personnel with lathi, bottles and brickbats and even tried to snatch away their arms. The unruly members of the said gathering started throwing brickbats causing serious injury to one Sub-Inspector namely, Niranjan Shome. Other Police and TSR personnel were also injured from the said assault In that nick of time a sound of firing was heard from the side of the gathering aiming at the Police and the TSR personnel.' For the security and safety of the public properties, the Police and the TSR personnel at the first instance opened blank fire to disperse the said unlawful assembly and when they did not succeed to clear off the gathering, the Police and the TSR personnel opened fire to the mob. Due to the said incident of firing several persons were injured and two persons in the said assembly succumbed to the bullet injuries. All the injured persons including the Police and the TSR personnel with two dead bodies were sent to Manubazar Rural Hospital by a Fire Service van. Then the Officer-in-Charge of Manubazar Police Station namely, Asish Kr. Deb lodged a suo motu complaint in the Manubazar Police Station narrating the incident on 28.09.2002 after returning to the Police Station at about 12.45 hours and he registered the Manubazar P.S. case No. 33 of 2002 dated 28.09.2002 under Section