JUDGMENT - V.V. JOSHI, J.:---The two appellants who were original accused Nos. 2 and 3 in the trial Court stood their trial along with six other persons charged under sections 148, 307 read with section 149, 323 read with section 149 and in the alternative under section 307 read with section 34 of the Indian Penal Code, further in the alternative under sections 326, 325 and 323 read with section 34 Indian Penal Code. The trial Court found that the prosecution had not proved any unlawful assembly of five or more persons, and therefore, convicted the two appellants under sections 326 and 323 Indian Penal Code read with section 34 Indian Penal Code and sentenced each of them to rigorous imprisonment for six months on each of the two counts. All the other accused were acquitted. Aggrieved by their convictions and sentences the appellants have preferred this appeal. This Court while admitting the appeal issued notice of enhancement of sentence giving rise to Criminal Revision Application No. 116 of 1980. This judgment shall dispose of both the matters.

2. Incident took place on 18-1-1978 at 6.30 p.m. at village Amadgaon in Taluka Bhusawal of the Jalgaon District. The complainant Devaka (

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