Judgment

RAY, J. :- This is an appeal by special leave from the judgment dated 10 June, 1968 of the High Court at Bombay setting aside the order of acquittal of the appellants and convicting them under section 325 read with section 34 of the Indian Penal Code for having assaulted and injured Choharjasing and sentencing each of the appellants to four years rigorous imprisonment and a fine of Rs. 1000/ each and six months rigorous imprisonment in default of payment of fine and further convicting the appellants under section 323 read with section 34 of the Indian Penal Code for having assaulted and injured Ramkeshwarsing and sentencing each of the appellants to three months rigorous imprisonment. The sentences were to run concurrently.

2. The appellants and another accused were charged under sections 143, 147, 307 read with section 149 of the Indian Penal Code. The four appellants were also charged under section 148 of the Indian Penal Code. In the alternative the appellants were charged under section 307 read with section 34 of the Indian Penal Code. The appellants and the other accused were further charged under section 326 read with section 149 of the Indian Penal Code. In the altern