V. BHARGAVA, J.

(1) THIS appeal, by special leave, is directed against a judgment of the High court of Bombay, Nagpur bench, summarily dismissing an appeal filed by the appellant Sakharam against his conviction and sen- tences of 5 years rigorous imprisonment and 3 months R. I. for offences punishable under S. 307 and 148 of the Indian Penal Code respectively awarded to him in a Sessions trial by the Sessions Judge of Yeotmal. With this appellant were arrays four other persons who were convicted for an offence under Section 147, Indian penal code, only and sentenced to pay a fine of Rs. 100.00 each, in default, to suffer rigorous imprisonment for one month.

(2) THE prosecution case, which the Sessions Judge held to be proved, was that, on 5/09/1967, Shamrao, who was accused No. 2 with the appellant in the Sessions trial, went to the hotel of one Kashinath alias Natha, son of Dayaram, at about noon with a bottle of liquor and demanded glasses for drinking liquor inside the hotel. Kashinath as well as his servant Rangnath refused to comply with his request. Shamrao felt aggrieved, abused both of them, and gave a threat to Kashinath. Next day, on 6/09/1967; in the evenin