JUDGMENT

KRISHNA IYER, J.:— Leave granted confined to Appellants Munni Marandi and Babua Marandi, Leave refused so far as others are concerned.

2. We have heard the arguments of appellants counsel with specific reference to Munni Marandi and Babua Marandi. We have also read through the evidence relating to these accused persons aided by counsel for the State. The role attributed to Munni Marandi is that he was a member of the crowd which chased the deceased and in that sense was liable under S. 149 read with S. 326 I. P. C. We cannot fault the High Court for the conviction rendered, but having due regard to the age of the accused and to the absence of any overt act on his part, we consider that a sentence of two years R. I. will, in the circumstances of this case, meet the ends of justice.

3. Babua Marandi, a boy aged 15, was also in the crowd. In the excited chase of the deceased, this boy also followed and when the actual sword thrust was made by Ranjit Chaudhry, this boy held the deceased. In this sense, his part is different from that of Munni Marandi. We are not, therefore, disposed to interfere with his conviction or the sentence. Nevertheless, it is important to remember that