ORDER

Nine persons including Atmaram Zingaraji, the appellant before us, were placed on trial before the Additional Sessions Judge, Akola, to answer the following charges:

"That on or about the 5th day of June, 1987 at about 3.00 p.m. at village Swali, you accused Nos. 1 to 9 were member of an unlawful assembly and in prosecution of the common object of such assembly committed the offence of rioting and thereby committed an offence punishable under Section 147 of the Indian Penal Code.

Secondly, on the above day date, time and place you accused Nos. 1 to 9 were a member of an unlawful assembly and did in prosecution of the common object of such assembly, viz., to cause death of Pralhad Mahadu Ingole, committed the offence of rioting and at the time you were armed with deadly weapons like sticks, axes, daggers etc. and thereby committed an offence punishable under Section 148 of the Indian Penal Code.

Thirdly, on the above day, date and time and place, you accused Nos. 1 to 9 in furtherance of your common object caused the death of Pralhad Mahadu Ingole by intentionally or knowingly- assaulting him with weapons like stick, axe, dagger and there by committed murder, as offence punishable