Judgment:

GAJENDRAGADRAR, J.: The appellant Mahabir Gope along with eleven other persons was charged before the First Additional Sessions Judge, Bhagalpur, with having committed offences under Sections 147 and 302 read with Section 34 of the Indian Penal code The prosecution case was that on or about the 12th day of June, 1959, the appellant and the other accused persons formed themselves into an unlawful assembly at Bhagalpur Special Central Jail and in prosecution of the common object of the said assembly Rambilash Singh, the Chief Head Warder Mohammed Ilyas and Panchanand Panjiara, the night Watchmen, were assaulted. That is how an offence under S. 147 was committed by the members of the said unlawful assembly.

2. The prosecution case further was that on or about the said date & at the same place, in prosecution of the common object of the said assembly, the members of the assembly had committed an offence of rioting with deadly weapons while the Chief Head Warder and the two night watchmen were assaulted, and thereby all the members of the assembly rendered themselves liable to be punished under Section 148 of the Indian Penal Code.

3. The third charge framed against the members o