JUDGMENT

O. CHINNAPPA REDDY, J.:— Hassan Ahmad Isha Mai and four others were acquitted by the learned Additional Sessions Judge, Broach, of offences under Ss. 147, 148, 302 read with 149 and other congnate offence. On appeal by the State, the High Court of Gujarat convicted all the accused under S. 326 read with S. 149 I. P. C. and sentenced each of them to suffer rigorous imprisonment for a period of five years. All the accused were also convicted under S. 135 of the Bombay Police Act and sentenced to suffer imprisonment for a period of one year. Accused No. 2, Sattar Mohmed Davood Dula, was also convicted under S. 302 and sentenced to suffer imprisonment for life. Accused No. 3, Kasamsha Subaratsha, was convicted under S. 325 and sentenced to suffer rigorous imprisonment for three years. Accused Nos. 4 and 5, Abdul Sattar Ahmed Isha Mai and Mohmed Alibhai, were convicted under S. 323 and sentenced to suffer rigorous imprisonment for one year. The accused have preferred these two appeals, Criminal Appeal No. 215 of 1973 by special leave and Criminal Appeal No. 279 of 1973 under the SC (Enlargement of Criminal Jurisdiction) Act, 1970. The case against the accused was briefly as fol