Judgment

HIDAYATULLAH, J.

This is an appeal by special leave against the Judgment of the High Court of Allahabad in Criminal Appeal No. 1597 of 1960 decided on February 15, 1961. The appellants are eight in number and they have been convicted under S. 325 read with S. 149 of the Indian Penal Code and sentenced to three years rigorous imprisonment. They have also been convicted variously under Ss.147 and 148, Indian Penal Code and sentenced to smaller terms of imprisonment which need not be mentioned as those sentences are made to run concurrently with the above sentence. They were originally charged under S. 302 read with S. 149, Indian Penal Code for the murder of one Tikam on January 24, 1960 at about noon in village Nandgaon Police Station Bartana District Mathura. The Sessions Judge, Mathura did not think that a case of murder was made out and convicted them of the lesser offence. Their appeal to the High Court was dismissed and the conviction and sentences were maintained.

2. There was yet another trial at which these eight persons and four others were tried under S. 307/ 149, Indian Penal Code for causing hurt to one Puran with such intention and under such circumstances that i