Judgment

DUA, J.:- The four appellants, along with Kondu son of Ambu, were jointly tried in the Court of Additional Sessions Judge, Akola on the following charges:

That you all accused Nos. 1 to 5 on or about 12th day of November, 1967 at about 5.45 a.m. near Farshi on Risod Nazambpur Road, formed an unlawful assembly and in prosecution of common object of such assembly viz., to commit murder of complainant Vithalrao Khanderao Deshmukh or in order to cause murder of Vithalrao or grievious hurts to him committed the offence of rioting and thereby committed an offence punishable under Section 147 of the Indian Penal Code and within the cognizance of this Court.

That you all on the same date, time and place, were members of unlawful assembly, in prosecution of common object of which viz., to commit murder of Vithalrao or to cause murder to Vithalrao or to cause grievous hurts to him, one or all you caused grievous hurts to him which offence you knew to be likely to be committing in prosecution of the common object of the said assembly you are thereby under Section 149 of the Indian Penal Code guilty of causing of the said offence punishable under Section 307 of the Indian Penal Code and