J.N.Hore, J. - (1.)Abu Samad, Jillar Rahaman, Mamtaz Sk., Tamiruddin Sk. Rabid, Sk. Nasir alias Nasiruddin Sk. - the six appellants before us-were arraigned before the learned Sessions Judge, Murshidahad to answer the following charges;
That you on or about the 16th day of July, 1983 at Kalidaspur, P 5. Hariharpara, District Murshidahad, were a memher of an unlawful assembly and did, in prosecution of the common object of such assembly, viz, in causing the death of Aftan Ali Mondal, commit the offence of rioting and at that time you were armed with a deadly weapon, such as, lathi, iron rod, bricks, etc. and thereby committed an offence punishable under section 148 of the I.P.C. and with in the cognizance of the Court of Sessions.Secondly: That you on or about the same date, time and place, were a member of an unlawful assembly in prosecution of the common object of which, viz, in causing death of Aftan Ali Mondal, some of the members of your assembly caused death of Aftan Ali Mondal and you arc thereby, under section 149 of the I.P.C., guilty of causing the said death, an offence punishable under section 149/302, I.P.C. and within the cognizance of the Court of Sessions.

(2.)On conclusion of the trial, the learned Sessions Judge convicted all the six appellants under both the charges. For their conviction under section 302/149, Indian Penal Code the appellants were sentenced each to imprisonment for life. No separate sentence was however passed for their conviction under section 148, Indian Penal Code. The appellants Beela to assail the .aid order of conviction and sentence in this appeal.
(3.)Briefly stated, the prosecution case was as under; on 16-7-83 at or about 7.00 p.m. Aftan Ali (the deceased) was returning home in village Tehatta. P.S. Hariharpara, District Murshidahad on a bi-cycle from his father-in-laws house at Mamudpur. Near Bhawanipur that he met his co-villagers Insan Sk. (P. W. 2) and Sk. Jahiruddin who were returning home on bi-cycles when they reached near the house of Mantu Hiswas at Katidaspur village the six appellants and one Latib Hiswas, since deceased, encircled Aftan, forcibly dragged him down from the bi-cycle, took him near the jack, fruit tree of Abdul Wahed and mercilessly assaulted him with lathi, iron rod, fists and, blows causing serious injuries. Insan and Jahuuddin who accompanied Aftan tried to intercept but they were also assaulted by the appellants with lathi, fists and blows and out of fear they fled away and informed Ummat Ali Mondal (P.W. 1), elder brother of Aftan of the occurrence. On receipt of the information, Ummat AU along with his two brothers Ajit Mondal (P.W. 5) and Naimuddin Mondal rushed to the place of occurrence and seeing them the appellants fled away. The three brothers then carried Aftan home. Aftan then made a dying declaration in presence of many villagers mentioning the names of the appellants as the assailants. Aftan was removed to Amtala Primary Health Centre where he was given first aid. As his condition was serious, he was transfered to Herhampore General Hospital where he succumbed to his injuries on the same night.