Judgement

BOSE, J.- Four persons were killed about 11 p. m. on the night of 21-7-1951 and a number of other injured. This was said to be the result of a riot that occurred in the village Dhankoli. Thirty six persons were committed for trial. Of these two died during the course of the proceedings. The remainder were all charged under S. 325/ 149. I. P. C. and eleven were also charged under S. 302/149.

2. The learned Sessions Judge acquitted twenty five of the charge under S. 325/149 and convicted nine. He acquitted all the eleven who were charged under S. 302/149 but convicted nine of them under S. 325/149.

3. The State did not appeal against the acquittals of the twenty five under S. 325/149 nor did it appeal against the acquittals of two of the eleven who were charged under S. 302/149 but it appealed against the acquittals of the remaining nine who had been convicted under S. 325/149. These nine convicts also appealed. The High Court therefore had two appeals before it, one against the acquittals of nine persons under S. 302/149 and the other by the same persons against their convictions under S. 325/149.

4. The High Court dismissed the appeal of the convicts and allowed that of the S