Judgment

DUA, J.: This appeal by special leave is directed against the judgment of the Patna High Court dated February 16, 1968 in Criminal Appeal No. 384 of 1966. Fourteen persons were tried in the court of the Second Additional Sessions Judge, Chapra, under Ss. 307, 148 and 147, I.P.C. Out of them two were convicted under sections 307 and 148, I.P.C, and four under S. 147, I.P.C. The rest were acquitted. The six convicted persons appealed to the High Court but except for the reduction of the sentence imposed under S. 307, I. P.C. their appeal was otherwise dismissed. All the six convicted persons applied for special leave to this Court. On May 21, 1968, however, an application was presented in this Court on behalf of the petitioners seeking permission to amend the special leave application by raising the following two additional grounds:

"(1) that the trial court disbelieved the prosecution case that any lathi blows were given by the petitioners 3 to 6 erred in convicting them under section 147 of the Penal Code in the absence of any finding of any overt act on the part of those persons.

(2) that Ext. AA could only be admitted in evidence as a previous statement, of Ganesh Bhagat,