Judgement

IMAM J. : The real question in this appeal is whether the conviction of the appellants under Ss. 323 and 326 read with S. 34, Penal Code is legal in the circumstances of the present case. The Magistrate, who tried the appellants framed a charge under Ss. 148, 323 and 326 read with S. 149, Penal Code. He found them and seven others guilty of this charge and convicted them accordingly. The Second Additional Sessions Judge of Meerut, in appeal, acquitted all the accused except the appellants whose conviction he maintained but reduced their sentence.

The appellants moved the High Court of Allahabad in its revisional jurisdiction and the High Court held that as a result of the Additional Sessions Judge s judgment the appellants could not be convicted under S. 148 or Ss. 323 and 326 and 326 read with S. 149, Penal Code as the ingredients to establish the existence of an unlawful assembly were absent. The High Court, however, convicted the appellants under Ss. 323 and 326 read with S. 34, Penal Code and it is against this decision that the appellants obtained special leave to appeal to this Court.

2. There were two versions of the occurrence before the Courts below and that of the