Judgment

SHAH, J:- At mid-day on July 2, 1962, an unlawful assembly of about 80 persons, armed with lethal weapons made an assault upon certain villagers of Mananki Khandha who were engaged in agricultural operations and caused injuries to six persons. Budhia, one of the persons injured died as a result of the injuries, a few hours after the assault. The seven appellants in this appeal and one Harihar Gope were tried before the Additional Sessions Judge, Patna for offences under S. 302 read with Ss.149, 147, 148, 323, 324, 325 read with 34 and 326, I. P. Code, on the charge that they had formed an unlawful assembly and had committed rioting and in prosecution of the common object of the unlawful assembly, viz,, to rescue their cattle which had damaged the maize crop of Budhia and had on that account been detained by the villagers, and to assault persons resisting the rescue, and had caused injuries to the victims as a result of which Budhia died. The Sessions Judge held, relying on the evidence of four witnesses P. Ws. 5, 8, 12 and 18, that Harihar Gope had caused injuries with a spear to Budhia which resulted in her death. He accordingly recorded an order of conviction against Hari