Umamaheswaram, J.

[1] These two appeals are directed against the judgments of the Sessions Judge and the Assistant Sessions Judge, Krishna in Sessions Case Nos. 41 of 54 and 6 of 1955 respectively. Accused 1 to 7 are the appellants in Criminal Appeal 51 of 55 and accused 1 and 4 are appellants in Criminal Appeal 149 of 55. The appellants in Criminal Appeal 51 of 55 and one S. Venkayva, accused 8 in S. C. 6 of 55 were jointly committed for offences under Sections 148, 302, 436 and 201, I.P.C. before the Sessions Judge, Krishna.

But the Sessions Judge, Krishna separated the case against all the accused under Sections 436 and 201, I.P.C. from the case against accused 1 to 7 under Sections 148 and 302, I.P.C. as mentioned in paragraph 3 of the judgment and following the decision of the Full Bench of the Madras High Court in - 'Narayana Bhatta v. King' 1948 Mad WN Cr 113 : AIR 1949 Mad 9 (A). The case which was so separated was tried by the Sessions Judge as S. C. No. 6 of 55.

[2] We shall proceed to deal with Criminal Appeal 51 of 55 in the first instance. The first charge against all the seven accused was that on or about the 4th day of April 1954, they formed into an unlawf