A.B. Pal, J.

1. The challenge, in these two appeals, is to the judgment dated 19.04.2005, rendered by the Additional Sessions Judge, West Tripura Khowai in ST. 54 (WT/K)/2002, convicting Tapan, Das and Gautam Das under Section 302 of the Indian Penal Code (for short, IPC) and 27(3) of the Arms Act, but acquitting ten other accused persons. The two convicts have been sentenced to suffer imprisonment for life and to pay fine of Rs. 3000/- each and, in default, to suffer simple imprisonment for three months. They have challenged their conviction and sentences by instituting Criminal Appeal No. 47 of 2005. The State is before us, in Criminal Appeal No. 90 of 2005, challenging the acquittal of ten accused persons. We propose to dispose of both the appeals by this common judgment.

2. Prosecution Version :- The factual matrix first. On 31.08.2000, at about 6.30 pm, one Tapan Chakraborty was done to death by a group of miscreants. He was the leader of the Democratic Youth Federation of India (DYFI), a youth front affiliated to the Communist Party of India (Marxist). In the backdrop of the grisly murder, there was a students' agitation triggered by kidnapping of three students and one