Judgment

CHANDRACHUD, J.:- Eight persons were convicted by the learned Sessions Judge, Kanpur, under Section 307 read with Section 149 of the Penal Code. They were sentenced to suffer rigorous imprisonment for a period of five years each. There was also a charge against those persons under Section 302, but except for Shatrughan Singh, they were acquitted of that charge. The order of acquittal under Section 302 was not challenged by the State in appeal, but those who were convicted under Section 307 read with Section 149 of the Penal Code filed an appeal in the High Court of Allahabad. In so far as the four appellants are concerned, the High Court altered their conviction and found them guilty under Section 325 read with Section 149 and reduced their sentences from five years to three years. The appellants have been granted speceal leave to appeal to this Court from the judgment of the High Court, but the leave is limited to the question of sentence.

2. The learned counsel appearing for the appellants argues that on August 30, 1969, when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probati