This set of appeals, arising out of the judg­ment and order, dated 2-.3.05, passed by the learned Sessions Judge, West Tripura, Agartala, in Sessions case No.ST(WT/A)48 of 2001 are based on similar facts involving similar question of law and the parties in the appeals are also represented by the same set of lawyers. Therefore, as agreed to by the learned counsel for the parties, the appeals were heard together and we propose to dis­pose of all the appeals aforesaid by this com­mon judgment and order.

2. The appellants, in Criminal Appeal Nos.31 of 2005, 103 of 2006 and 58 of 2010 and the respondents, in Criminal Ap­peal No. 46 of 2005 were tried by the learned Sessions Judge in the above mentioned Ses­sions case, on the charges of committing the offences under Sections 302,120 B, 364 A read with Section 34 of Indian Penal Code (for short, 'IPC'), Section 27 of Arms Act and Section 13 of Unlawful Activities (Pre­vention) Act. The learned Sessions Judge considering the evidence on record convicted the appellants Sri Nabakumar Debbarma and Sri Biswadayal Jamatia alias Dayal Jamatia under Sections 302 and 120 B IPC read with Section 34 IPC, Section 27 of Arms Act and Section 13 of Unlawful Activities (Prevention) Act. The appellant Sri Premananda Namasudra was convicted under Section 120 B of IPC. Accordingly, the learned Sessions Judge, by the impugned judgment and orders, sentenced Sri Naba Kumar Debbarma and Sri Biswadayal Jamatia to suffer imprisonment for life and pay fine of Rs. 10,000/- each, in default, suffer imprisonment for another pe­riod of two months for their conviction under Section 302 IPC. The said two appellants were also sentenced to sufferimprisonrnent for life under Section 120 B of IPC, rigorous imprisonment for seven years under Section 27 of Arms Act and rigorous imprisonment for seven years under Section 13 of Unlawful Activities (Prevention) Act. The appellant Sri Premananda Namasudra was sentenced to suffer imprisonment for life and pay fine of Rs.5,000/-, in default, suffer imprisonment for another one year for his conviction under Section 120-B IPC. It was directed that all the sentences shall run concurrently and that the period of detention shall be treated as set off. The other accused persons, including Sri Himangshu Das and other respondents, in Criminal Appeal No.46/2005, were acquit­ted for want of evidence against them.

3. Aggrieved by the said conviction and sentence, the convict Sri Premananda Namasudra, Sri Naba Kumar Debbarma and Sri Biswadayal Jamatia preferred appeals, being Criminal Appeal Nos.31 of 2005,103 of 2006 and 58 of 2010 respectively. The State also, being dissatisfied with the quan­tum of punishment awarded to convict Sri Naba Kumar Debbarma, Sri Biswadayal Jamatia and Sri Premananda Namasudra and others have preferred Criminal Appeal No.45 of 2005 and preferred Criminal Appeal No. 46 of 2005, challenging the acquittal of Sri Himangshu Das and other respondents.

4. We have heard Mr. D. P. Kundu, learned Advocate General, Tripura, Mr. D. Sarkar, learned Public Prosecutor, Tripura, Mr. R.C. Debnath, learned Special Public Prosecutor, Tripura and Ms Rumela Guha, learned coun­sel appearing for the State of Tripura. We have also heard Mr. P. K. Biswas, Mr. P. Majumder, Mr. M. K. Biswas, Mr. R. Debnath, learned counsel appearing on be­half of the private appellants and the private, respondents aforesaid.

5. The prosecution case, in brief, may be set out as follows :-

Sri Bimal Kumar Sinha (since deceased), a CPI (M) party leader, who was the Minis­ter of Health & Family Welfare department, Government of Tripura, submitted his nomi­nation papers for contesting the Assembly election, as a candidate from the Kamalpur Assembly constituency in the year 1998. Sri Jagadish Ghosh (since deceased), also sub­mitted his nomination papers as a candidate of the Congress party for the said Assembly constituency. At the time of scrutiny of nomi­nation papers, his nomination papers were c