Judgment

RAY, J.:- This is an appeal by special leave from the judgment dated 31 August, 1968 of the High Court of Madhya Pradesh. The High Court dismissed the appeal of the appellant Gangu and accepted the appeal of the State against the judgment dated 31 March, 1965 of the Additional Sedssions Judge, Tikamgarh. The High Court maintained the conviction of the appellant Gangu and the sentence of 7 years rigorous imprisonment passed against him under section 304 Part I of the Indian Penal Code. The High Court set aside the acquittal of the appellants, Parichhat, Sunnu and Sitaram under sections 147 and 302 read with section 149 and under section 447 read with section 149 of the Indian Penal Code and sentenced each of them to rigorous imprisonment for 5 years under section 326 read with section 34 of the Indian Penal Code.

2. Each of the appellants Partichhat, Ram Sahai, Sunnu and two other accused Sitaram and Durji was charged on three counts. First that each was member of an unlawful assembly on 26 October, 1964 and in prosecution of the common object of such assembly, viz., in forcibly cutting the Tilli crop of Damrulal standing in the field plot No. 559 and in taking possession of