JUDGMENT

M.D. Bhatt, J. - This appeal is against the respective convictions and sentences of the six appellants-accused. The principal appellant-accused Bajrang, on his conviction under section 333 of the I.P.C., has been sentenced to two years R.T. and, under section 148 of the I.P.C., to six months R.I. Other three appellants-accused Dadua, Lokram and Gyanchand on their conviction under section 333 read with section 149 of the I.P.C., have each been sentenced to six months R.I. and under section 147 of the I.P.C., to two months R.I. Remaining two accused Liladhar and Goverdhan on their convictions under section 333 read with section 149 of the I.P.C. and under section 147 of the I.P.C., have each been released on probation of good conduct, instead of being sentenced to any term of imprisonment. Substantive sentences of imprisonment of the respective accused persons have been directed to run concurrently.

2. With regard to a small hotel situated at the bus-stand of village Chabi, there was some rancour and dispute between the accused Gyanchand and the prosecution witness Bassulal for some time past. The accused Lokram's hotel was also closed by. At about 9.00 p.m. or so on 3rd December, 1976, hot words and abuses were being exchanged between Bassulal on the one hand and the accused Gyanchand and his other supporters. viz., the remaining appellants-accused, on the other. Ganga Ram Dhruwe, Station Officer of the Police Station Mohgaon, while proceeding to the village Sarsi by a passenger bus, happened to see some quarrel near Lokram's hotel when the bus in which he was traveling stopped for a while at the bus-stand, which was closed to the place of incident. Seeing the crowd and the quarrel near the hotels, the Sub-Inspector Dhruwe reached the place and tried to defuse the situation by refraining the quarreling parties from hurling mutual abuses. The principal accused Bajrang consequently got enraged due to this uncalled for interference and brought out a iron rod from inside Lokram's hotel and assaulted the Sub-Inspector with the same, resulting in certain injuries to him. Other appellants-accused were equally stated to have brought some lathis at the same time and some of them were alleged to have assaulted the Sub-Inspector with the same. Certain persons present on the spot intervened. The Sub-Inspector Dhruwe was taken back to the Police-Station Mohgaon in the bus and he lodged the report. His injuries were got medically examined. After due investigation, all the appellants-accused were put up for trial for the particular offences, of which, they have been convicted.

3. The appellants-accused Dadua, Liladhar and. Goverdhan took the plea of alibi and claimed to be falsely implicated. The remaining appellants-accused, however, contended that they had simply intervened in the incident when the Sub-Inspector Dhruwe in a intoxicating condition was assaulting Gyanchand and it was during this intervention that the Sub Inspector, due to his heavy drunken condition, had fallen down sustaining certain injuries. No evidence was adduced in defence.

4. The trial Court disbelieved the respective defence stand of the accused persons. On the strength of prosecution evidence, it was held that all the appellants-accused had constituted themselves in an unlawful assembly and at the relevant time the accused Bajrang was armed with a iron rod and the rest with lathis. It was further held that only the accused Bajrang had assaulted and inflicted injuries on the person of Sub-Inspector Dhruwe and the rest of the accused persons, though present with their lathis at the relevant time, had not used, at all, their lathis for any assault on the Sub-Inspector. Consequently, all the appellants accused were convicted to the extent as stated at the outset. Two of them were released on the probation of good conduct and the rest were sentenced to the imprisonment. Hence, now their present appeal.

5. The learned counsel for the appellants-accused has candid