JUDGMENT : Rajarshi Bharadwaj, J. 1. This appeal arose out of a judgment and order dated 6th July, 1984 passed by the learned Additional Sessions Judge, Midnapore in Sessions Trial Case no. XX of April, 1983 convicting the accused/appellants under Section 304(II)/149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and also convicting them under Section 148/326/149/323/149 of the Indian Penal Code but no separate sentence was imposed on the appellants. 2. The prosecution case in brief is as follows: 3. Plot no. 542 of Mouza Balibundh, P.S. Jamboni was a big plot of land having an area of 1.99 acres. 42 decimals out of plot no. 542 of Mouza Balibundh was the bone of contention between the parties. According to the prosecution, the said 42 decimals of land was being cultivated by the deceased Bibhuti Mahato and his brother Hare Krishna Mahato since long time. They claimed the land to be their ancestral property. It was further claimed by them that since the land was declared to have been vested to the State, the de-facto complainant Ajit Mahato, son of Hare Krishna Mahato had applied for settlement of the land along with Chatur Mahato and Deben Mahato, being the accused nos. 1 and 2 respectively before the local Junior Land Reforms Officer. The office of the J.L.R.O. demarcated the boundary of the land and allowed them to continue in possession along with others. It was alleged that on the day of the incident, i.e. 11th June, 1981, while the de facto complainant Ajit Mahato along with the members of his family had been engaged in transplanting paddy in the disputed land at about 11.30/12 noon, the accused persons along with others arrived at the land standing on the north of the said plot. It was further alleged that those persons were carrying tangi, tabla, axe, lathi, bows and arrows and those persons suddenly attacked them. The de facto complainant Ajit Mahato and his father, elder uncle and cousin brothers began to flee away towards south, but the assailants surrounded them and accused Chatur, Deben and Nalini assaulted his father Hare Krishna, elder uncle Bibhuti and two cousin brothers Sarat and Ashutosh with the weapons which they were carrying. The de facto complainant and others raised alarm and the villagers arrived there. The de facto complainant and others raised alarm and the villagers arrived there. On seeing the villagers arrived the accused persons fled away towards the jungle. Bibhuti and Hare Krishna fell down on the ground being unconscious. The injured persons were brought up from the field and taken under a Mahul tree. Therefrom they were shifted to Chilkigarh P.H.C. by bullock cart. Some of the injured persons were detained there for treatment but Bibhuti was shifted to Jhargram hospital as his condition was very serious. Bibhuti expired at Jhargram hospital on the next Thursday. Subsequently, the de facto complainant accompanied by Dharani Mahato (P.W.15) reached Jamboni Police Station and submitted a written complaint. 4. On the basis of the written complaint, a criminal case was initiated. Investigation was started and in course of investigation the police officer visited the place of occurrence, seized some articles in presence of witnesses. The police officer searched for the accused persons at their respective houses on various dates but he did not arrest them. Subsequently, the accused persons had surrendered in court and after completion of investigation, charge sheet was submitted on 8th December, 1982 under Sections 148, 304(I)/149, 307/149 and 323/149 of the Indian Penal Code against four accused persons named Chatur Mahato, Deben Mahato, Gour Mahato and Guiram Mahato, who pleaded not guilty and claimed to be tried. 5. It is to be noted that by order dated 4th October, 2018 the death of Gour Mahato, being the accused/appellant no. 3 was recorded. Therefore, the appeal is dismissed as having abated in respect of the appellant no.3. 6. Mr. Mukherjee, learned senior advocate for the appellants submitted that the learned Judge failed to consider that the evidence on record clearly shows that the appellants were in possession of the disputed 42 decimals of land in plot no. 542 and the complainant never possessed the land over which the dispute had arisen. 6. Mr. Mukherjee, learned senior advocate for the appellants submitted that the learned Judge failed to consider that the evidence on record clearly shows that the appellants were in possession of the disputed 42 decimals of land in plot no. 542 and the complainant never possessed the land over which the dispute had arisen. He further submitted that the incident could not have taken place as sought to be projected by the prosecution and the First Information Report which was an important piece of evidence, was ante dated and the seizures made allegedly in connection with the said investigation were never brought to the notice of the learned Judge in violation of Section 157 of the Code of Criminal Procedure in respect of First Information Report and Section 102(3) of the Code of Criminal Procedure read with Rule 243 and 246 of the Police Regulation of Bengal. He also submitted that the charge under Section 149 of the Indian Penal Code could not be applicable to the appellants as the learned Judge while delivering the judgment specifically stated about the specific overt acts attributed to one Gour Mahato and in spite thereof, the conviction under section 304(II)/149 of the Indian Penal Code is contrary to the law. In absence of any finding that there was any common object on the part of the appellants, the conviction under section 148 of the Indian Penal Code is illegal. Furthermore, the whole case is bad in law as the circumstances as contemplated under section 313 of the Code of Criminal Procedure were never put to the accused persons for which they were deprived of their right to adduce defence witnesses vitiating the trial. In this connection, he relied upon the judgment of this Hon'ble Court in the case of Abid Hossain @ Bechu-vs-State of West Bengal reported in, (1997) CriLJ 4672, particularly paragraph 2 thereof, wherein it was held that "the law is quite well-settled that the accused must be questioned separately upon each material circumstance which is intended to be used against him. Because the whole object of the Section is to afford the accused a fair and proper opportunity of explaining circumstances which appeared against him and the question must be fair and must be couched in such a form so that an ordinary person being charged with an offence may be able to appreciate and understand the same. Because the whole object of the Section is to afford the accused a fair and proper opportunity of explaining circumstances which appeared against him and the question must be fair and must be couched in such a form so that an ordinary person being charged with an offence may be able to appreciate and understand the same. It also appears from the impugned judgment that in order to find the appellant guilty of an offence under Section 302 of the Indian Penal Code, the learned Additional Sessions Judge has taken into consideration many pieces of evidence on record to which he did not draw the attention of the appellant in course of his examination under Section 313 of the Code of Criminal Procedure." Lastly, he submitted that a single injury had been attributed to three accused persons, which is improbable as the cause of death of Bibhuti Mahato was attributed specifically to Gour Mahato. Thus, learned advocate for the appellants prayed for acquittal of the appellants. 7. Learned advocate for the State submitted that it is settled law that the First Information Report has to be sent to the nearest Jurisdictional Magistrate within 24 hours from the date and time of starting of the F.I.R. It has been argued on behalf of the appellants that the F.I.R. had reached the Court beyond the stipulated time and as such the appellants were entitled to certain benefits. It could be said as irregularity but not an illegality. He further submitted that the appellants did not challenge the order of framing of charge in revision, but they had chosen to face trial on the sections on which charges were framed against them. He further submitted that the appellants assembled and participated in attacking the victim with the common intention to kill the deceased and they went to the place of occurrence with weapons such as tangi, lathi, bows and arrows. Therefore, the learned Trial Judge rightly convicted the appellants under Section 149 of the Indian Penal Code. Moreover, P.W.1, P.W.3 and P.W.4 were the eyewitnesses to the occurrence as they were the injured persons. The medical evidence also supports the prosecution case as the doctor stated that the victim was injured by a blunt substance. Thus, he prayed for dismissal of the appeal. 8. Heard learned advocates for the parties and perused the impugned judgment. 9. Moreover, P.W.1, P.W.3 and P.W.4 were the eyewitnesses to the occurrence as they were the injured persons. The medical evidence also supports the prosecution case as the doctor stated that the victim was injured by a blunt substance. Thus, he prayed for dismissal of the appeal. 8. Heard learned advocates for the parties and perused the impugned judgment. 9. In the instant case the prosecution examined as many as fifteen witnesses to prove its case. 10. P.W.1, Sarat Mahato, son of Bibhuti Mahato (deceased) deposed that the incident happened on last Thursday of the month of Jaistha. On the date of incident at about 7/7.30 a.m. he along with his father Bibhuti, uncle Hare Krishna, Ajit, Ashutosh, Bimala, Bari and Durga had gone to the field recorded in plot no. 542 of Mouza Balibundh. At about 11/12 noon while they were engaged in transplantation of paddy plants, Guiram, Chatur, Nalini, Deben, Gour and other 10/12 persons came from the jungle on the north of the said field. They were carrying weapons and began to assault them. Accused Chatur attempted to assault Hare Krishna with tangi on his head but Deben actually assaulted Hare Krishna on the head with a tangi. Other accused persons also assaulted Hare Krishna and he fell down in the water of the river, which flowed by the side of plot no. 542. Accused Gour Mahato assaulted his father Bibhuti on the head with tangi and his father fell down in the water of the river. Deben attempted to assault him but Nalini actually assaulted him on his head with lathi and he fell down in the water of the river and became unconscious. Thereafter, his mother Bari and aunt Durga saved him from further assault. Accused Chatur assaulted Ashutosh on the head with the blunt side of the tangi. When the villagers arrived there, the assailants fled away. The injured persons were taken to Chilkigarh P.H.C. by a cart. He was admitted there and he disclosed the doctor the names of the assailants. He was detained at the hospital for about 16 days. On the same night his father Bibhuti was shifted to Jhargram hospital, where his father expired on the next Thursday. 11. During cross-examination P.W.1 stated that he did not know whether plot no. 542 was vested to the State. He was detained at the hospital for about 16 days. On the same night his father Bibhuti was shifted to Jhargram hospital, where his father expired on the next Thursday. 11. During cross-examination P.W.1 stated that he did not know whether plot no. 542 was vested to the State. He did not know whether the said plot of land had been recorded in the name of Chatur Mahato. He also stated that during settlement of operation he applied to the Government for allowing them to retain plot no. 542 and he had shown papers relating to their title and possession of the said land, but the police officer did not seize the same. 12. P.W.2, Mamata Rani Mahato, wife of Sarat Mahato deposed that on the day of incident at about 8 a.m. his father-in-law, uncle-in-law, Hare Krishna, Ashutosh, Ajit, Durga, Bimala and his husband went to the plot no. 542 for transplantation, which is about 7 bighas away from her house. She remained at home. She came out from the house and noticed that Hare Krishna was assaulted by Nalini, Deben and Chatur. While she rushed to the spot along with other villagers the assailants fled away. On arrival there she noticed that her fatherin-law Bibhuti and Hare Krishna were unconscious, her husband was in semi-unconscious. They were shifted to hospital by a cart after the blood was wiped out. Her father-in-law died at Jhargram hospital after eight days. The blood of all the injured persons were wiped out by a lungi, which was handed over to the police on the next day. The lungi was seized under a seizure list where she put her signature. 13. P.W.3, Ashutosh Mahato, son of Hare Krishna Mahato deposed that on the date of incident at about 7 a.m. he along with Bibhuti, Hare Krishna, Bimala, Ajit, Bari, Durga, Sarat went to the field in plot no. 542 of Mouza Balibundh for transplantation of paddy. At about 11.30/12 noon, accused Chatur, Gour, Guiram, Deben and Nalini and 10/12 persons came from the jungle. Chatur, Guiram and Deben were carrying tangis in their hands while Nalini and Gour were carrying lathis in their hands. Chatur tried to assault his father Hare Krishna, but Deben actually assaulted his father in the middle side of his head with a tangi. Chatur, Guiram and Deben were carrying tangis in their hands while Nalini and Gour were carrying lathis in their hands. Chatur tried to assault his father Hare Krishna, but Deben actually assaulted his father in the middle side of his head with a tangi. Gourhari assaulted his elder uncle Bibhuti on his head with a tangi and he fell down in the water of the khal. Accused Deben and Nalini assaulted Sarat with tangi and tried to bury him. Thereafter, accused Chatur assaulted him in the right side of his head with the blunt side of the tangi and he fell down on the ground. Having raised alarm the assailants fled away towards the jungle. The injured persons including himself were taken to a place under the Mahul tree and therefrom they were shifted to Chilkigarh P.H.C. by a cart. He was examined by the doctor and he told the names of the assailants. Bibhuti was shifted to Jhargram hospital where he expired on the next Thursday. He further stated that Mohul flowers blossom in the month of falgoon, no Mohul flower could be obtained in the month of Jaistha. 14. P.W.4, Bimala Mahato, daughter of Bibhuti Mahato deposed that he went to the field at about 7/8 a.m. She had accompanied her father, mother, uncle, aunt, Ajit, Sarat and Ashutosh to the field for transplantation work. At 11.30/12 noon the accused Chatur, Guiram, Deben, Nalini and Gour along with other 10/12 persons arrived there carrying with lathi, tangi, bows and arrows. On arrival they first assaulted Hare Krishna with a tangi. Accused Gour assaulted her father Bibhuti with a tangi, Deben also assaulted her father with a tangi. The other persons had also assaulted her father Bibhuti, Sarat and Ashutosh. While they raised alarm and many villagers arrived, the accused persons fled away. The injured persons were taken to Chilkigarh hospital by a cart. Her father Bighuti was shifted to Jhargram hospital where he expired after eight days. She made a statement to the police but the police did not find the accused in their respective houses. 15. P.W.5, Smt. Durga Mahato, wife of Hare Krishna Mahato corroborating the evidence of P.W.3 and P.W.4 deposed that they went to the field for transplantation of paddy. Nalini used to possess the western side of the said plot of land. She made a statement to the police but the police did not find the accused in their respective houses. 15. P.W.5, Smt. Durga Mahato, wife of Hare Krishna Mahato corroborating the evidence of P.W.3 and P.W.4 deposed that they went to the field for transplantation of paddy. Nalini used to possess the western side of the said plot of land. While they were transplanting paddy, the accused Chatur, Guiram, Gour, Deben, Nalini along with 10/12 persons arrived there being armed with tangi, lathi etc. Accused Chatur attempted to hit her husband Hare Krishna with tangi, but Deben assaulted her husband with tangi in the right side of his head and he fell down. Thereafter, her husband was assaulted by 2/3 other persons. Gour assaulted her husband's elder brother Bibhuti with a tangi on his head. The other accused persons assaulted Bibhuti. Sarat was assaulted by accused Deben with tangi and by accused Nalini with lathi. They tried to bury him but she along with Bari came to rescue him. Accused Chatur assaulted Ashutosh on his head with blunt side of tangi. While they raised alarm and the villagers arrived, the accused persons fled away. The injured persons were taken to a Mahul tree and thereafter they were sent to hospital for treatment. She identified the accused persons in the dock. 16. P.W.6, Gobinda Mahato, who was a cultivator, deposed that while he was working in the field of Dharani Mahato, Bibhuti, Hare Krishna and the family members were transplanting paddy in their lands. At about 11/11.30 a.m. accused Chatur, Guiram, Gour, Deben, Nalini came from a jungle on the north and assaulted Hare Krishna, Bibhuti, Sarat and Ashutosh and they fell on the ground, but the assailants tried to bury Sarat. Then his mother and aunt raised alarm and they saved him from being buried. While the villagers arrived there, the accused persons fled away. Thereafter, the injured persons were taken to a place near the Mahul tree and they were shifted to hospital by a cart. He further stated that Mahul flowers blossom in the month of falgoon instead of Jaistha. 17. P.W.7, Bari Mahato, wife of the deceased Bibhuti Mahato also corroborating the evidence of P.W.3, P.W.4 and P.W.5 deposed that she went to the field for working along with her husband, his brother, Ajit, Sarat, Ashutosh, Durga and Bimala. He further stated that Mahul flowers blossom in the month of falgoon instead of Jaistha. 17. P.W.7, Bari Mahato, wife of the deceased Bibhuti Mahato also corroborating the evidence of P.W.3, P.W.4 and P.W.5 deposed that she went to the field for working along with her husband, his brother, Ajit, Sarat, Ashutosh, Durga and Bimala. Accused Chatur, Guiram, Gour, Deben, Nalini and 10/12 other persons came from the jungle at noon. Accused Chatur and Deben assaulted Hare Krishna, who fell down on the water of the river. Gour assaulted his husband with tangi on his head and he fell down. After he fell down Deben and Nalini assaulted him with tangi and lathi respectively. Deben and Nalini also assaulted her son Sarat, who fell down on the water of the river. Thereafter, Chatur assaulted Ashutosh. They having raised alarm, the villagers arrived and the accused persons fled away. The injured persons were taken to near a Mohul tree and thereafter, they were shifted to hospital by a cart. Her husband died at Jhargram hospital. Accused Nalini was dead. She identified all the accused in the dock. 18. P.W.8, Ajit Kumar Mahato, son of Hare Krishna Mahato as well as the de facto complainant deposed that the incident happened on the last Thursday in the month of Jaistha. In the morning at about 7/8 a.m. he accompanied by Bibhuti, his wife, Sarat, Bimala, Asutosh, his father and mother went to the plot no. 542 of Mouza Balibundh for transplantation work. While they were engaged in transplanting paddy in the said field, the accused persons along with Nalini Mahato and 10/12 persons came from the jungle carrying lathi, tangi etc. They encircled them and Deben and Chatur assaulted his father Hare Krishna. The persons accompanying them also assaulted his father. Accused Chatur, Deben and Gourhari assaulted his elder uncle with tangi. Deben and Chatur assaulted his cousin brother Sarat and his brother Ashutosh. The injured persons fell down on the ground. While raising alarm, the accused persons fled away. The injured persons were brought up from the water of the river and taken to a tree. Thereafter, the injured persons were shifted to Chilkigarh hospital by a cart. He told the names of the assailants to the doctor. The injured persons fell down on the ground. While raising alarm, the accused persons fled away. The injured persons were brought up from the water of the river and taken to a tree. Thereafter, the injured persons were shifted to Chilkigarh hospital by a cart. He told the names of the assailants to the doctor. Subsequently, he went to Jamboni Police Station accompanied by Dharani Mahato and submitted a complaint, which was written by Dharani Mahato as per his instruction. Dharani read it over and explained it to him. He further stated that the portion of the plot no. 542 on which they were cultivating, was in their possession for the last many years. He had shown the disputed land to the police during visit to the village on the next day. 19. During cross-examination P.W.8 stated that he told the police that the disputed land had vested to the State. He did not know whether the disputed land had been settled to Nalini and Chatur and also to them. He did not know the boundary men of the disputed land. He did not know whether Chatur lodged a diary against his father and Bibhuti prior to the incident. 20. P.W.9, Hare Krishna Mahato stated that the deceased Bibhuti Mahato was his elder brother and the deceased Nalini Mahato was his elder cousin brother. He deposed that on the last Thursday of the month of Jaistha about four years back, he along with Bibhuti, his wife Bari, son Sarat, daughter Bimala, his sons named Ajit and Ashutosh and his wife went to plot no. 542 for cultivation. While they were engaged in transplantation work, they noticed that the accused persons along with other 10/12 persons had suddenly came out from the jungle standing on the north side of the field carrying with lathis, tangis, bows and arrows in their hands. At first Chatur attempted to hit him on the head and then Deben hit him in the left side of his head with tangi and he fell down on the ground. Other persons also assaulted him and he became unconscious. He regained consciousness at Jhargram hospital and he heard that Bibhuti died at the hospital. He could not speak because of the assault and he could talk after prolonged treatment for one year. He identified all the four accused in the dock. 21. P.W.10, Dr. Other persons also assaulted him and he became unconscious. He regained consciousness at Jhargram hospital and he heard that Bibhuti died at the hospital. He could not speak because of the assault and he could talk after prolonged treatment for one year. He identified all the four accused in the dock. 21. P.W.10, Dr. T. Bose, Medical Officer of Jhargram S.D. hospital deposed that on 11th June, 1981 he was attached to Chilkigarh P.H.C. He examined one Ashutosh Mahato and found one lacerated wound over the right side of the temporal region of the skull and there was only breach of skin and slight laceration of subcutaneous tissue. The patient was conscious and released on the next day. On the same date he also examined Sarat Mahato and found one lacerated wound over right side of occipital region, which was caused by a blunt heavy weapon. The patient was discharged on 26th June, 1981. He also examined one Hare Krishna Mahato and found one lacerated injury over the junction of the temporal and parietal region of the skull on the left side. The patient was restless and unable to speak and he was shifted to Jhargram hospital. On the same day he also examined another patient named Bibhuti Mahato and found one lacerated injury over the forehead "behind the right eye. As the condition of the patient was very serious, he referred him to Jhargram hospital. 22. P.W.11, Dr. B.K. Khastagir, S.D.M.O., Jhargram deposed that he did post mortem examination over the dead body of one Bibhuti Mahato. The injuries noticed by him had been caused by lathi and tangi. 23. P.W.12, Kanti Ranjan Das, Sub-Inspector of Keshpur Police Station deposed that on 18th June, 1981 he was attached to Jhargram Police Station and held inquest over the dead body of Bibhuti Mahato at Jhargram hospital in connection with U.D. Case no. 31/81 in presence of witnesses. 24. P.W.13, L. Rahaman, Sub-Inspector of Police deposed that on 11th June, 1981 he was attached to Jamboni Police Station as Officer in-Charge, when one Ajit Mahato submitted a written complaint to him. On receipt of the same he started Jamboni P.S. Case no. 3 dated 11th June, 1981 and took up the investigation of the case. On 18th June, 1981 he examined other witnesses and searched for the accused persons but he did not find them. On receipt of the same he started Jamboni P.S. Case no. 3 dated 11th June, 1981 and took up the investigation of the case. On 18th June, 1981 he examined other witnesses and searched for the accused persons but he did not find them. On 2nd July, 1981 he received a copy of order from the learned Sub-Divisional Judicial Magistrate, Jhargram and learnt that Nalini and Deben surrendered before the Court on 23rd June, 1981. On 28th November, 1981 he arrested accused Gourhari Mahato, but the other accused persons were absconding. He stated that he learnt Guiram and Chatur surrendered before the Court on 1st December, 1981. He submitted charge sheet on 8th December, 1982. 25. P.W.14, Anil Kumar Mukherjee, Constable, who was attached to Jhargram P.S. on 18th June, 1981, deposed that he carried the dead body of Bibhuti Mahato to Jhargram morgue and identified the dead body to the doctor. 26. P.W.15, Dharani Mahato, relative of the deceased corroborated the statements of P.W.3, P.W.4 and P.W.5. He had written the complaint at the dictation of Ajit Mahato. He stated that after the incident the accused persons fled away from the village. Nalini was dead. He identified Chatur, Gour, Deben and Guiram in the dock. 27. On perusal of the evidence on record it appears that P.W.1 to P.W.9 and P.W.15 were witnesses to the occurrence. Excepting P.W.6 they were relations of the deceased Bibhuti and the injured persons. It is found from the evidence of the de facto complainant, P.W.8 that the accused persons along with the accused Nalini and other 10/12 persons being armed with lathi, tangi etc. suddenly came from the jungle on the north side of the field while the de facto complainant, his father, deceased Bibhuti and other inmates of the house were engaged for transplantation of paddy. The other prosecution witnesses fully corroborated the evidence of the de facto complainant. It is further found from the evidence that the accused persons indulged in assaulting the deceased Bibhuti, Hare Krishna, Ashutosh and Sarat. They attacked them with a common intention to kill the deceased. They went to the place of occurrence carrying with weapons such as tangi, lathi, bows and arrows. The charges against the accused persons were that they committed the offence of rioting with deadly weapons in prosecution of the common object of dispossessing the patta holders of the plot no. They attacked them with a common intention to kill the deceased. They went to the place of occurrence carrying with weapons such as tangi, lathi, bows and arrows. The charges against the accused persons were that they committed the offence of rioting with deadly weapons in prosecution of the common object of dispossessing the patta holders of the plot no. 542 and they attempted to murder. From the evidence of the prosecution witnesses it appears that the accused persons arrived at the disputed land but they failed to produce any documents showing their possession. They began to assault Bibhuti, Hare Krishna and their family members indiscriminately causing injuries to them. The evidence of P.W.10 goes to show that the victim was injured by a blunt substance. The prosecution witnesses corroborated each other in all material particulars. Therefore, on a close reading of the evidence I find that the prosecution has been able to prove its case and therefore, the learned Trial Judge has rightly held the accused to be guilty for the offence under Section 304(II)/149 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for five years and consequently found them guilty for the offence under Sections 148/326/149 and 323/149 of the Indian Penal Code, but did not pass any order of separate sentence for the offence under the aforesaid sections. 28. The decision of this Hon'ble Court cited by Mr. Mukherjee, learned senior advocate for the appellants in the case of Abid Hossain @ Bechu-vs- State (supra) is not applicable in the instant case, as the accused persons were properly examined by the learned Trial Judge under Section 313 of the Code of Criminal Procedure. 29. Hence, I uphold the order of conviction and sentence of the appellants under Sections 304(II)/149 of the Indian Penal Code passed by the learned Trial Judge. Since it has been submitted that Chatur Mahato, Deben Mahato and Guiram Mahato, being the appellant nos. 1, 2 and 4 are on bail, their bail bonds are cancelled and they are directed to surrender forthwith before the trial court. 30. Period of detention suffered by the appellants during investigation, enquiry and trial shall be set off from the substantive sentence imposed upon them in terms of Section 428 of the Code of Criminal Procedure. 31. Accordingly, the appeal is dismissed. 32. 30. Period of detention suffered by the appellants during investigation, enquiry and trial shall be set off from the substantive sentence imposed upon them in terms of Section 428 of the Code of Criminal Procedure. 31. Accordingly, the appeal is dismissed. 32. Copy of the judgment along with Lower Court Records be sent down to the trial court at once for necessary compliance. 33. Urgent Photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.