This appeal is on behalf of ten persons, all of whom were convicted under S. 147, I. P. C. and S. 302 read with S. 149, I. P. C., and the appel­lant Ram Durlav Mitra alias Durlav Sarkar was found guilty and convicted further under S. 302, I. P. C. and sentenced to transportation for life. The other accused appellants, besides Ram Durlav Mitra, were sentenced to three years' rigorous imprison­ment under S. 302 read with S. 149, I. P. C. and to one year's rigorous imprisonment under S. 147, I.P.C. each-the sentences being ordered to run concur­rently. The further sentences of three years' rigor­ous imprisonment under S. 302 read with S. 149, 1. P. C. and one year's rigorous imprisonment under S, 147, I. P. C. imposed on appellant Ram Durlav Mitra were ordered to run concurrently with the sen­tence of transportation for life under S. 302, I. P. C. passed on him.

(2) The case for the prosecution was that at Rupakhat within Kalaigaon Circle, District Darning, several local persons combined to form a joint co­operative concern under the name and style of Krishi Samabai Samiti. While the members of the said Samiti, including several of the prosecution wit­nesses-Joypati Deka, Tarini Nath, Ratneswar Sarma and others-were going to erect an office building for the said Samiti, and some fifty persons had collected there, including some outsiders invited to the function, the accused persons in a body, number­ing about 100 or 150, attacked them. This happened on the morning of 30-11-1952. The rioters, just before the attack, gave a signal and began to advance towards the office structure sought to be erected by the said Samabai Samiti. Late Thogiram Barua was the Secretary of the Sarnabai Samiti and he requested the attackers, who came armed with clearly weapons like 'lathis', 'daos', 'axes', etc., to disperse, but they on the other hand, surrounded him and some of his associates, like Joypati Deka, Ratneswar Sarma, Tarini Kanta Nath, and others, who were standing near the flag pole which was slanted there by the members of the said Samabai Samiti.

The rioters were headed by the appellant, Rain Durlav Mitra, and it is alleged that he came armed with an axe in his hand, and when Thogiram Barua and his party were gradually receding towards their old camp, Ram Durlav and his men followed thorn, and Ram Durlav was the first man to attack Thogirara Barua, whom he gave a blow on his head. Thogiram then fell down and some other members of the rioters' party belaboured him all over his 'body. Joypati, Tarini and some other persons who figure as prosecution witnesses, were also assaulted. Joypati proceeded to Paneri Tirana after the assault and lodged an ejahar. Jewram, another member of Tliogiram's party, went to Tangla to inform the Police. Thogiram who was lying in an injured con­dition, was subsequently brought to TangJa and then removed to Mangaidai, where he was admitted into the Civil Hospital, and at about 5 P. M. in the even­ing that very day he collapsed as a result of the injuries received on his head. A post-mortem exami­nation was held over the dead body of Thogwam after being duly identified.

(3) The Police, in course of investigation, arrest­ed several persons and, out of them 21 (twenty-one) persons were committed to the Court of Session for trial for offences under Ss. 148, 149 and 302, I. P. C. The trial in the Court of Session ended with the acquittal of eleven persons and conviction of the ten appellants, as indicated above.

(4) The accused persons pleaded not guilty to the charges framed against them, and their defence was that they were in occupation of some lands at Rupakhat Pathar, and Thogiram Barua and other members of his party, including Tarini Nath, wanted to oust them from their possession. They further alleged that Thogiram Barua, Joypati Deka, Tarini Natli and other members of the alleged Samabai Samiti had no possession over the disputed property, and the fact of constructing an office-house for the purposes of