Re: CRA 590 of 2016

1. This Court has heard the learned counsel for the State in extensio.

2. Challenging an original order of conviction and sentence dated 9^th March, 1987 passed by the Additional Sessions Judge, 3^rd Court at Midnapore, whereby the appellants were convicted under Sections 148 , 149 and 326 of the IPC and were sentenced to suffer rigorous imprisonment for 2 years with fine of Rs. 5,000/- under Section 148 of the and rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/- for the offence punishable under Sections 326 and 149 ofthe , CRA 102 of 1987 was filed.

3. By the order dated 30^th March, 1987, a Co-ordinate Bench of thisCourt admitted the appeal but issued a suo motu Rule calling upon the appellants to show cause as to why the order of acquittal under Section 302 and 149 of the IPC should not be set aside. Admittedly, there was no appeal from either the State or the de facto complainantagainst such order of acquittal.

4. Pursuant thereto, CRA 102 of 1987 came to be heard before a Single Bench of this Court which made the Rule absolute in judgment and order dated 30^th June, 2016. The Single Bench found that the conviction of the appellants under Secti