Judgment

BEG, J:- This is an appeal by special leave by one out of 118 persons who were prosecuted for participation in a serious riot on August 1, 1965, in village Ganiari, Tehsil Bilaspur, in the State of Madhya Pradesh, as a result of which several persons were attacked with sharp edged weapons and three of them died of wounds sustained by them. Five accused persons were discharged by the Committing Magistrate. One hundred and thirteen persons were jointly tried for various offences punishable under Sections 147, 148, 302, 307, 325 and 323 Indian Penal Code. Charges were also alternatively framed under Ss. 302/149 323/149, 323/149 and 325/149 against all of them. An Additional Sessions Judge of Bilaspur acquitted sixty one accused persons and convicted fifty two persons. He found all the convicted persons guilty under Section 147, I. P. C. and sentenced them to two years rigorous imprisonment. We need only mention the other convictions of the appellant before us. He was held guilty under Sections 304 (1)/149, I. P. C. and sentenced to five years rigorous imprisonment and under Sections 325/149, I. P. C. and sentenced to two years rigorous imprisonment, and under Sections 323/149,