Judgment

HIDAYATULLAH, C.J.I. :- The appellant Laiq Singh, a former member of the legislative Assembly of Uttar Pradesh is the appellant before us with several others who all have been convicted under Section 365 read with Section 149 and Section 147 of the Indian Penal Code. Laiq Singh has been sentenced in the aggregate to three years; rigorous imprisonment and the others have been sentenced in the aggregate to one year s rigorous imprisonment. Previously, the Additional Sessions Judge, Kanpur had acquitted them in the trial before him. The State Government appealed and the acquittal was set aside and the conviction and the sentences as stated above resulted.

2. In the appeal before the High Court parties had put in an application for compounding the offence. There were several other offences with which these persons were charged. They were all compoundable. The offence for which they stand now convicted could not be compounded even with the permission of the Court with the result that the acquittal was recorded by the High Court in respect of the other offences, but the conviction and sentences in respect of the two offences which were mentioned above have been recorded.

3. In argu