A.N. GROVER, J.

(1) HAZARA Singh, his brothers Bachan Singh and Jarnail Singh and three others Bhajan Singh, Baj Singh and Balwant Singh were tried under S. 148 of the Indian Penal Code for being members of an unlawful assembly and in prosecution of the common object of that assembly which was to attempt to murder the police party, while these persons were armed with deadly weapons like pistol and rifle, having committed the offence on the midnight intervening 21st and 22/07/1964. Hazara Singh and Bhajan Singh were also charged under S. 307, Indian Penal Code, while the other four were charged under S. 307, read with S. 149 of the Code for Hazara Singh and Bhajan Singh having fired pistol shots at the police party with such intention and under such circumstances that if they had thereby caused the death of any member of the police party they would have been guilty of murder.

(2) HAZARA Singh and Bhajan Singh were further tried on a charge under S. 25 of the Indian Arms Act. The learned Sessions Judge found that all the six persons were proceeding towards Pakistan in order to smuggle six bags containing 40 kg. of cardamom each. Hazara Singh and Bhajan Singh were armed