JUDGMENT

BHAGWATI, J.:— Accused Nos. 2 and 3, who are appellants before us, were tried along with accused Nos. 1 and 4 to 6 for various offences under Sections 147, 148, 302 read with Section 149 or Section 34 and S. 326 read with S. 149 or S. 34 of the Indian Penal Code. The learned Sessions Judge, who tried the case, acquitted all the six accused, including accused Nos. 2 and 3. But on appeal by the State the High Court reversed the acquittal and convicted and sentenced them to various terms of imprisonment. So far as accused Nos. 2 and 3 were concerned, they were convicted under Sec. 148 and Section 302 and each of them was sentenced to suffer rigorous imprisonment for two years for the former offence and imprisonment for life for the latter. Since the acquittal of accused Nos. 2 and 3 was reversed and they were convicted and sentenced to suffer imprisonment for life, they became entitled to appeal to this Court under Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act. 1970 and they accordingly preferred the present appeal.

2. The principal charge against all the six accused was that they formed an unlawful assembly and in pursuance of its common object, acc