T. Vaiphei, J.

1. The criminal appeal is directed against the judgment and order dated 25.3.1999 passed by the learned Additional Sessions Judge, South Tripura, Udaipur in ST No. 16(ST/B) of 1992 convicting all the Appellants under Sections 148/149/326/436/448/302 IPC and sentencing them to undergo (1) rigorous imprisonment for one year with a fine of Rs. 1,000/- each, in default thereof, to suffer another rigorous imprisonment for six months for the offence under Section 148 IPC; (2) seven years of rigorous imprisonment with a fine of Rs. 2,000/- each, in default thereof, to suffer another RI for one year in respect of the offence under Section 326 IPC; (3) seven years RI with fine of Rs. 3,000/- each, in default thereof to suffer another RI for two years for the offence under Section436/149 IPC and (4) life imprisonment for the offences punishable under Section 302/149 IPC. All the sentences were directed to run concurrently.

2. We have extensively heard Mr. P.K. Biswas, the learned Counsel for the Appellants and Mr. Shankar Das, the learned senior counsel appearing for the State-Respondent.

3. The case of the prosecution, briefly stated, is that on 12.10.1988 at about 2210 hours, one Braja Mohan Jamatia lodged a written ejahar with the O/C, Manpathar Police Outpost stating that on that day at about 1510 hours, while the CPI (M) supporters under his leadership was re-opening their party office at Birchandranagar Bazar, which was earlier closed due to the atrocities of the Congress (I) party workers, the supporters of Congress (I) under the leadership of Tamal Sen, Amal Biswas, Ganesh Debnath, Dayamoy Debnath, Arun Debnath, Parimal Debnath, Santosh Roy, Gopal Debnath. Bhuban Debnath, Dulal Sharma and others suddenly attacked them with sharp cutting weapons, bombs, bricks, acid bulbs, etc. and set on fire the house of Nibaran Das and killed Sudhir Debnath, Netai Sarkar, Nitya Hari Mura Singh, Sukha Ranjan Mura Singh, Kala Chakma, Security Constables Ratan Datta and unknown one. Sridarn Paul, ADC member was missing, etc. On forwarding the written complaint by the O/C Manpathar Outpost, the O/C, Belonia PS registered Belonia PS Case No. 14(10) 88 under Section 148/149/326/302/436 IPC and endorsed the same to S.I. Rabindra Bhowmik, O/C Manpathar Outpost for investigation.

4. During investigation, this I.O. visited the place of occurrence, prepared hand sketch of the P/O with index, the inquest reports on the bodies of the 13 (thirteen) deceased including two security constables, seized a number of materials/objects, examined some of the witnesses and recorded their statements under Section 161 Code of Criminal Procedure. He also arrested some of the accused and arranged for post mortem examination of the dead bodies. Subsequently, the case was transferred to CID whereupon one Bikash Sarkar, Inspector of Police, CID took up the investigation. The Investigation Officer, in the course of investigation, visited the place of occurrence, prepared hand sketch of the P/O with separate index, took photographs of the P/O, examined material witnesses and recorded the statements of the remaining witnesses under Section 161 Code of Criminal Procedure. He collected the post mortem examination reports in respect of the 13 (thirteen) deceased and other evidence. The findings of the investigation conducted by the CID are that the date 12.10.1988 was the market day of Birchandranagar Bazar as well as the day of the final football match in the school field situated adjacent to Birchandranagar Bazar. A large number of people had gathered there to witness the football match and for marketing for the forthcoming Durga Puja festival. On that day at about 1530 hours, a procession comprising of a good number of the supporters of CPI (M) under the leadership of Lai Mohan Debnath, Dipak Reang, Sudhir Debnath, Biralal Das and others using loud speakers paraded in the bazaar and eventually coverage at the party office of CPI(M) party. The processionists