JUDGMENT :- All these three matters have been filed by the State and they arise out of a trial of six respondents-accused upon the allegation that at village Kanfodi on September 2, 1969 these accused were the members of the unlawful assembly and in prosecution of the common object voluntarily caused grievous hurts with dangerous weapons to P. W. 1 Ramdas and his brother P. W. 2 Jagannath, both sons of P. W. 8 Tukaram.

2. That case which was registered as Criminal Case No. 442 of 1970 had a very chequered course. The Magistrate concerned framed a charge against all these respondents mentioning therein that they caused hurt to one Tukaram Bokade and omitting to mention the names of Ramdas and Jagannath. The offences with which these respondents were charged were under Section 148 and Section 326 read with Section 34 of the Indian Penal Code. After hearing the prosecution evidence, by the judgment of December 22, 1970 the learned Magistrate recorded conviction under Sec. 326 read with Section 34 and Sec. 324 read with Section 34, Indian P. C. and passed different sentences against the different accused. No finding as to the offences under Sec. 148 was in terms recorded. Even