Judgement

RAMASWAMI, J. - This appeal is brought, by special leave, from the judgment of the High Court of Patna, dated September, 1963, in Criminal Appeal No. 368 of 1961.

2. The appellant along with 13 others, was tried by the Additional Sessions Judge of Patna who by his judgment, dated April 22, 1961, convicted all the accused under Ss. 302/149, Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. Lakhan and Indo were convicted under S. 148, Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and Gopi was convicted under S. 147, Indian Penal Code and sentenced to rigorous imprisonment for one year. Indo was also convicted under S. 326, Indian Penal Code and Gopi was convicted under S. 326/109, Indian Penal Code and were sentenced to undergo rigorous imprisonment for eight years. Appellant Lakhan was convicted under Ss. 326/149, Indian Penal Code but no separate sentence was awarded on this charge. Lakhan and Indo were convicted under S. 19 (f) of the Arms Act and sentenced to undergo rigorous imprisonment for two years each. Five of the accused persons were acquitted and 8 of them were convicted on charges under Ss. 302/149, 3