Judgment

S. MURTAZA FAZL ALI, J.:- The appellants Roshan, Baban Krishna Mhatre and Shantaram Dunda Mhatre, who were petitioners Nos. 3, 7 and 8 in the original special leave petition, have been convicted under Section 147, 148 and 302 read with Section 149 and sentenced to imprisonment for life. In this appeal by Special Leave, Mr. Ganpule, learned counsel for the appellants has raised a short point. He has submitted that the prosecution evidence taken on its face value, does not prove the presence of the appellants in the so-called unlawful assembly and, therefore, the appellants are entitled to the benefit of doubt. In the view that we take it is not necessary to detail the prosecution case which has been fully narrated in the judgments of the High Court and that of the Sessions Judge. It appears that on the 30th April, 1970, ten persons alleged to be accused persons went to the house of Motiram to wreck a vengeance; but as he was not in the house, they started abusing him. The deceased Dattu, who was the neighbour, came out and protested against the abuses being hurled on Motiram. This appears to have enraged the accused persons, who after sometime went to the house of Balu Ram a