Gokhale, J.

[1] (after stating the facts his Lordship proceeded;) Before I consider the evidence against the accused and the arguments addressed to us at great length on behalf of the accused on the evidence, I think it would be convenient to dispose of first some of the law points which have been argued on behalf of the accused. I may mention that ordinarily we would have expected Counsel to address us on law points at the very outset. But Mr. Purshottam informed us that he would address us on the law points after he dealt with the merits of the case against the accused on the basis of the evidence on the record. The first law point raised by Mr. Purshottam is in connection with the charge. I may mention that in the first instance Mr. Purshottam and Mr. Harnamsingh, who appeared on behalf of accused No. 2, took exception only to the second and the third heads of the charge. It was Mr. Bhasme, who was appointed on behalf of accused Nos. 5 and 6, who challenged the legality of the entire charge in respect of his clients, and his arguments were thereafter supported by Mr. Purshottam.

[2] The main grievance is that so far as the first head of the charge is concerned, it refers