Banerji, J.

1. This revision has been referred to the Full Bench in order to consider whether the appellate Court can, in exercise of its power under Sec. 423, Sub-section (1), Clause (b) of the Criminal P. C., alter the finding of the trial court so as to convert an acquittal into conviction.

2. A few facts are necessary to be stated. There was an occurrence on 1-8-51 resulting in the petitioners being charged lor assault and noting under Sections 323 and 147, Penal Code, respectively. The trying Magistrate convicted the petitioners under Sec.323, Penal Code, and fined them Rs. 50.00 each. He recorded an order of discharge under Sec.147, Penal Code, on an erroneous view of the procedure.

He should have acquitted them under that sec-Lion, and it will be assumed for the purpose of this case that the petitioners wore acquitted under Sec.147, Penal Code. The petitioners then appealed. The appellate Court acquitted one appellant under Sec.323, Penal Code, and maintained the conviction of three under the same section. As regards three others, they were acquitted under Sec.323, Penal Code, but convicted under Sec.147, Penal Code, under which section they had been acquitted by the